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D.C. Circuit

In re Walkabout Creek Ltd. Dividend Hous. Assn Ltd. Pship

Affiliated debtors which owned low-income apartment complexes financed by a state housing agency proposed plans which provided that the agency was fully secured and that the agency loans would be reamortized with interest at a stated rate. The agency objected to confirmation of the debtors' plans.
Ruling: 
Confirmation of plan proposing reamortization of loans at low rate denied due to lack of feasibility.
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Commercial case opionion summary, case decided on November 14,2011, LexisNexis #1211-096

In re Nicholson

In a Chapter 13 case, the debtor objected to a creditor's amended claim. The trustee filed a motion to modify the plan to increase plan payments in order to pay the claim in question.
Ruling: 
Unsecured claim against foreclosed property allowed and could be paid outside of chapter 13 plan without increase in plan payments.
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Consumer case opionion summary, case decided on July 25,2011, LexisNexis #0811-113

In re Chreky

Two judgment creditors, former employees of chapter 11 debtor's business, presented objections to the exemptions claimed by the debtor of his interests in a money market account, CDs, and CDARS accounts, and an interest in a limited liability company (LLC), as exempt under 11 U.S.C.S. § 522(b)(3)(B), on the basis that the accounts and LLC were held as tenancies by the entireties.
Ruling: 
Exemption in interest in LLC held by the entireties and created before creditors' claims arose allowed.
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Consumer case opionion summary, case decided on July 25,2011, LexisNexis #0811-115

Virginia Hospital Center-Arlington Health Sys. v. Akl (In re Akl)

Defendant debtor filed a motion for sanctions under Fed. R. Bankr. P. 9011 against plaintiff hospital's counsel (hereafter "counsel") for filing his October 24, 2008, Motion to Strike, Dismiss, and Otherwise Deny Defendant's Motion for Sanctions Under 28 U.S.C.S. § 1927, and in the alternative for exercise of the court's inherent power to sanction the hospital and its counsel.
Ruling: 
Sanctions against creditor hospital's counsel denied absent malicious intent in filing motion to strike.
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Consumer case opionion summary, case decided on June 15,2011, LexisNexis #0711-139

In re Jackson

Debtor filed a petition under chapter 13, and a trustee who was appointed to administer the debtor's bankruptcy case filed a motion to dismiss the case and asked the court to issue an order requiring the debtor's counsel to disgorge his fees and imposing sanctions on the debtor's counsel pursuant to Fed. R. Bankr. P. 9011.
Ruling: 
Debtor's third case filed prior to dismissal of second case for failure to comply with credit counseling requirement dismissed as an abuse of the bankruptcy system.
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Consumer case opionion summary, case decided on March 04,2011, LexisNexis #0411-004

White v. Wachovia Dealer Servs. (In re Wyatt)

Chapter 7 trustee commenced this adversary proceeding against defendant lender seeking to recover postpetition payments made by the debtor to the lender with respect to the loan on the debtor's truck. The parties filed cross-motions for summary judgment.
Ruling: 
Trustee could avoid lien on debtor's truck and recover postpetition payments to secured creditor.
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Consumer case opionion summary, case decided on November 17,2010, LexisNexis #1210-104

In re Maximum Developers Invs. LLC

The court's memorandum decision supplemented an earlier oral decision regarding the objection of an individual and a retirement plan (collectively "objector") to the claim of a lienholder (assigned Claim No. 12 on the claims register).
Ruling: 
Fraudulent release of lien did not deprive creditor of secured claim.
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Commercial case opionion summary, case decided on April 30,2010, LexisNexis #0710-123

In re Bowers

Debtor's motion sought to hold a creditor in contempt for allegedly violating the automatic stay of 11 U.S.C.S. § 362(a) by proceeding in the Superior Court to attempt to recover a judgment against her employer under D.C. Code § 16-579.
Ruling: 
Automatic stay did not bar proceeding against debtor's employer for reasonable value of services provided by debtor and accepted for free.
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Consumer case opionion summary, case decided on February 26,2010, LexisNexis #0510-107

In re Roemer

Debtor sought a ruling that her plan could treat the claim of a bank secured by debtor's condominium as secured only to the extent of the value of that property. Pending were debtor's motion for summary judgment, and the bank's motion for summary judgment.
Ruling: 
Debtor could modify claim secured by condominium that was not debtor's primary residence.
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Consumer case opionion summary, case decided on December 28,2009, LexisNexis #0210-026

In re Brammer

Before the court was the chapter 13 trustee's motion to dismiss debtors' bankruptcy case with prejudice based on 11 U.S.C.S. §§ 101(30), 109(e), ineligibility and bad faith. The court limited this decision to determining whether grounds existed for dismissing the case based on ineligibility under 11 U.S.C.S. § 109(e)'s debt limitation provision.
Ruling: 
Anti-modification provision did not extend to determine eligibility for chapter 13 relief.
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Consumer case opionion summary, case decided on December 16,2009, LexisNexis #0210-065

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