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District Court

Albert v. Site Mgmt.

Ruling
Claims of debtor's leasing agent and property manager were core proceedings within the jurisdiction of the bankruptcy court.
Issue(s)
Should reference of claims of debtor's leasing agent and property manager be withdrawn?

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Consumer opinion summary, case decided on February 28, 2014 , LexisNexis #0714-026

Bulmer v. Bulmer

Ruling
Case properly ordered converted due to debtor's delay in filing chapter 13 plan.
Issue(s)
Was debtor's chapter 13 case properly converted to chapter 7?

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Consumer opinion summary, case decided on February 28, 2014 , LexisNexis #0714-024

GMAC Mortg. LLC v. Orcutt

Ruling
Bankruptcy court erred in relying solely on state law in finding mortgage to be invalid.
Issue(s)
Was mortgage properly avoided as invalid based solely on state law?

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Consumer opinion summary, case decided on February 28, 2014 , LexisNexis #0714-009

Korti v. A.W. Holdings LLC

Ruling
Debtor employee not precluded from bringing undisclosed lawsuit against employer where failure to disclose the right of action in bankruptcy was not in bad faith.
Issue(s)
Was debtor estopped from bringing claim against employer that was not disclosed in prior bankruptcy filing?

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Consumer opinion summary, case decided on February 26, 2014 , LexisNexis #0714-013

In re Sagamore Partners Ltd.

Ruling
Creditor that failed to provide sufficient notice of default was not entitled to default rate of interest in debtor's chapter 11 plan.
Issue(s)
Was plan that did not provide mortgage creditor with default rate of interest properly confirmed?

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Commercial opinion summary, case decided on February 26, 2014 , LexisNexis #0714-023

Brown v. Ferroni (In re Brown)

Ruling
BAPCPA did not abrogate the absolute priority rule in individual chapter 11 cases.
Issue(s)
Whether an individual Chapter 11 debtor had to satisfy the 11 U.S.C.S. § 1129(b)(2)(B)(ii) absolute priority rule when an impaired unsecured creditor objected to the proposed reorganization plan.

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Consumer opinion summary, case decided on February 24, 2014 , LexisNexis #0714-020

Richland Bank v. Manor House Assisted Living Ltd.

Ruling
Trustee's post-discharge motion for removal of bank's state court action against debtor was untimely.
Issue(s)
Should state court action by bank against debtor that had been removed by trustee be remanded?

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Commercial opinion summary, case decided on February 21, 2014 , LexisNexis #0714-034

Milian v. Wells Fargo & Co.

Ruling
Bankruptcy court did not err in abstaining from proceeding solely concerning state foreclosure action.
Issue(s)
Did bankruptcy court properly abstain from hearing state law foreclosure action?

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Consumer opinion summary, case decided on February 18, 2014 , LexisNexis #0714-033

Kite v. Kite

Ruling
Presence of non-core claims in adversary proceeding weighed in favor of abstention.
Issue(s)
Should the court abstain from hearing adversary proceeding in which state law claims predominated?

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Consumer opinion summary, case decided on February 13, 2014 , LexisNexis #0714-028

Saunders v. Getchell Agency

Ruling
District court lacked jurisdiction over unpaid wage claim under FLSA that was property of debtor's bankruptcy estate.
Issue(s)
Should wage and hour action brought against employer by debtor and listed in debtor's bankruptcy schedules be dismissed for lack of subject matter jurisdiction?

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Consumer opinion summary, case decided on February 11, 2014 , LexisNexis #0714-056