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In re Deming Hospitality LLC

Apr
05
2013
Ruling
Amended disclosure statement could not be approved where plan was not confirmable.
Procedural posture

Two creditors, a bank and a federal agency, filed objections to chapter 11 debtor's amended disclosure statement, asserting it should not be approved because the debtor's reorganization plan was facially not confirmable, and they would vote to reject, and would object to, the plan.

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Commercial opinion summary, case decided on April 05, 2013 , LexisNexis #0513-029
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Brito v. Luna

Mar
27
2013
Ruling
Judgment debt for debtor's default under construction contract was nondischargeable.
Procedural posture

After defendant debtor defaulted on a construction contract for renovation of plaintiffs' home and filed chapter 7, plaintiffs sued for a determination of nondischargeability per 11 U.S.C.S. § 523 and /or a denial of discharge per 11 U.S.C.S. § 727. One issue was whether the post-contract lapse of debtor's contractor's license issued per the New Mexico Construction Industries Licensing Act, N.M. Stat. Ann. § 60-13-1 et seq., affected the outcome.

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Consumer opinion summary, case decided on March 27, 2013 , LexisNexis #0613-021
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In re Maynard

Mar
26
2013
Ruling
Debtor could not reopen case to challenge validity of predischarge reaffirmation agreement.
Procedural posture

Debtors filed a petition under chapter 7 of the Bankruptcy Code, and after they received a discharge and their case was closed, they filed a motion to reopen their case so they could challenge the enforceability of a reaffirmation agreement they signed before they received their discharge. The court held a hearing on the debtors' motion.

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Consumer opinion summary, case decided on March 26, 2013 , LexisNexis #0613-056
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Estate of Jacoby v. Akbari-Shahmirzadi (In re Akbari-Shahmirzadi)

Mar
15
2013
Ruling
Reconsideration of partial summary judgment in nondischargeability granted.
Procedural posture

Creditor filed this adversary proceeding against debtor, asserting nondischargeability claims under 11 U.S.C.S. § 523(a)(2), (a)(4), (a)(6). The amount at issue was in the range of $670,000. The matter came before the court on debtor's Motion to Reconsider Order Granting Partial Summary Judgment as to Liability.

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Consumer opinion summary, case decided on March 15, 2013 , LexisNexis #0413-083
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In re Pickel

Feb
25
2013
Ruling
Continuation of stay conditioned on debtor not making transfers of shares in LLC without court approval.
Procedural posture

Creditor filed a motion in a debtor's bankruptcy case, seeking a determination that the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtor declared bankruptcy did not apply to an action she filed against a Virgin Islands limited liability company ("LLC") the debtor owned. The court held a hearing on the creditor's motion and the debtor's objection to the motion.

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Consumer opinion summary, case decided on February 25, 2013 , LexisNexis #0313-080
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In re Boydstun

Jan
18
2013
Ruling
Waiver of filing fee in adversary proceeding granted to creditor with insufficient assets.
Procedural posture

Plaintiff creditor filed a motion to waive the filing fee in an adversary proceeding against defendant debtor seeking the nondischargeability of his obligation to her.

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Consumer opinion summary, case decided on January 18, 2013 , LexisNexis #0213-069
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Estate of Jacoby v. Akbari-Shahmirzadi (In re Akbari-Shahmirzadi)

Jan
18
2013
Ruling
State court judgment for fiduciary defalcation by estate administrator was nondischargeable.
Procedural posture

Plaintiff chapter 7 Trustee filed a complaint pursuant to 11 U.S.C.S. § 544(a)(3) and § 11 (765 ILCS 5/11) of the Illinois Conveyances Act seeking to avoid defendant bank's mortgage. The complaint alleged that the mortgage was insufficient pursuant to Illinois law to provide constructive notice to a bona fide purchaser of the bank's interest and, therefore, could be avoided. Before the court were the parties' cross-motions for summary judgment.

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Consumer opinion summary, case decided on January 18, 2013 , LexisNexis #0213-053
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Lastra v. United States (In re Lastra)

Dec
21
2012
Ruling
Equitable tolling applied to collection due process hearing on debtor's taxes, preventing discharge.
Procedural posture

Plaintiff debtor filed an action against defendant United States (IRS) to determine if the debtor's 2007 income taxes were discharged. The parties filed cross motions for summary judgment.

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Consumer opinion summary, case decided on December 21, 2012 , LexisNexis #0113-046
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