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D.C. Circuit

In re Foskey

The debtor brought a motion to sell real property free and clear of liens, and asserted that the purchaser of the real property at a postpetition tax sale had violated the automatic stay of 11 U.S.C.S. § 362(a). The purchaser asserted that the automatic stay was either inapplicable or not violated by the tax sale and issuance of the tax deed pursuant to D.C. Code § 47-1340-1342.
Ruling: 
Tax sale was not a violation of stay.
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Consumer case opionion summary, case decided on October 19,2009, LexisNexis #1109-101

Capitol Hill Group v. Pillsbury Winthrop Shaw Pittman LLC

In a legal malpractice case, appellant former client sought judicial review of the United States District Court for the District of Columbia's denial of its motion to remand and entry of summary judgment in favor of appellee law firm and various attorneys. The case had been removed under 28 U.S.C.S. § 1334(b), so-called arising in bankruptcy jurisdiction, and summary judgment had been granted under the doctrine of res judicata.
Ruling: 
Legal malpractice claim arising out of debtor's bankruptcy properly removed.
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Commercial case opionion summary, case decided on June 26,2009, LexisNexis #0709-140

In re Linton Props. LLC

A bankruptcy trustee proposed to abandon real property of the estate after an auction of the property by a bankruptcy debtor in possession. The successful bidder for the property at the auction objected to abandonment.
Ruling: 
Contract rights of successful bidder at auction by debtor in possession precluded abandonment of property of the estate.
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Commercial case opionion summary, case decided on January 16,2009, LexisNexis #0409-041

Capital Hill Group v. Pillsbury Winthrop Shaw Pittman LLP

Plaintiff, the client of defendant law firm in a bankruptcy proceeding and a zoning matter, moved for remand of its malpractice case concerning the rezoning against the law firm pursuant to 28 U.S.C.S. § 1447(c) and § 1452(b), or in the alternative, for abstention by the federal district court pursuant to 28 U.S.C.S. § 1334(c). The law firm had removed the case to federal court citing jurisdiction under 28 U.S.C.S. § 1334(b).
Ruling: 
Legal malpractice claim related to zoning matter was a proceeding "arising in" debtor's bankruptcy.
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Commercial case opionion summary, case decided on July 02,2008, LexisNexis #0708-138

In re Mitchell

A debtor filed a motion for reconsideration of an order, which dismissed his chapter 7 case for failure to comply with the credit counseling requirement articulated in 11 U.S.C.S. § 109(h).
Ruling: 
Postpetition credit counseling did not satisfy requirement where temporary waiver had been denied.
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Consumer case opionion summary, case decided on June 17,2008, LexisNexis #0708-107

In re Jones

The United States Trustee filed a motion to dismiss a debtor's chapter 7 bankruptcy case on the ground that the debtor failed to obtain credit counseling as required by 11 U.S.C.S. § 109(h)(1) prior to filing his case.
Ruling: 
Postpetition certificate of education did not satisfy requirement for prepetition credit counseling.
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Consumer case opionion summary, case decided on June 17,2008, LexisNexis #0708-108

In re Spencer

The court had already entered an order granting the United States Trustee's motion, pursuant to 11 U.S.C.S. § 521(i)(2), to dismiss the debtor's case on the basis of 11 U.S.C.S. § 521(i)(1). At issue was the proper date on which the dismissal should be deemed to have become effective, the date the order was entered, or 45 days following the date on which the petition was filed.
Ruling: 
Dismissal for failure to file required schedules and statements was effective on date of order, not on earlier expiration of 45-day deadline.
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Consumer case opionion summary, case decided on May 13,2008, LexisNexis #0808-012

In re Fendall

The debtor filed an objection to creditor's claim asserting that the claim was not in proper form, was not supported by documentation required if the claim was alleged to be secured, and provided insufficient documentation to establish the amount of the claim. Attached to the proof of claim was a lis pendens notice in which the creditor alleged that she advanced a total of at least $ 71,000 to the debtor.
Ruling: 
Lis pendens was not evidence of secured claim.
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Consumer case opionion summary, case decided on May 08,2008, LexisNexis #0808-054

In re Parker

After the court issued an order determining that 11 U.S.C.S. § 362(b)(22) was applicable to a landlord's pre-petition judgment for possession of the debtor's residence, the debtor filed a motion for reconsideration.
Ruling: 
Debtor who failed to file required certificate and payment on petition date not entitled to challenge applicability of stay to prepetition eviction proceeding.
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Consumer case opionion summary, case decided on May 08,2008, LexisNexis #0808-037

In re Parker

The debtor's landlord had a prepetition judgment for possession of the debtor's residence, and the landlord filed an objection to the debtor's attempt to certify that he had a right to cure the default that gave rise to the prepetition judgment for possession under 11 U.S.C.S. § 362(l)(1).
Ruling: 
Debtor who had not certified or made required deposit not entitled to cure prepetition judgment for possession.
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Consumer case opionion summary, case decided on May 01,2008, LexisNexis #0808-072

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