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In re Santa Fe Med. Grp., LLC

Ruling
Section 726 does not contain a remedy for disgorgement upon insolvency. (Bankr. D.N.M.)
Issue(s)
Should professionals be required to disgorge a portion of their collected fees, so the pain of an administratively insolvent estate can be shared more equally?

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Court :
Commercial opinion summary, case decided on September 15, 2016 , LexisNexis #1016-061

In re Sanchez

Ruling
Disruption of debtor's trash service pending payment of discharged debt violated the discharge injunction.
Issue(s)
Did creditor trash collecting authority violate the discharge injunction when it discontinued debtors' trash service, refused to reinstate it, and demanded that debtors reaffirm the pre-petition debt?

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Consumer opinion summary, case decided on September 07, 2016 , LexisNexis #0316-093

In re Herrera

Ruling
Debtor who filed bankruptcy after receiving bad advice granted a voluntary dismissal.
Issue(s)
Did debtor demonstrate sufficient cause for a voluntary dismissal?

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Consumer opinion summary, case decided on July 15, 2016 , LexisNexis #0816-051

Hunter v. Madrid (In re Hunter)

Ruling
Claims against trustee for negligence in performing duties dismissed.
Issue(s)
Was chapter 13 trustee immune from debtors’ negligence suit?

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Consumer opinion summary, case decided on July 08, 2016 , LexisNexis #0816-018

In re Spoverlook LLC

Ruling
Settlement with homeowners’ association was executory and could be assumed or rejected by debtor.
Issue(s)
Was settlement with home owners’ association an executory contract that could be assumed or rejected by debtor?

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Commercial opinion summary, case decided on June 14, 2016 , LexisNexis #0716-005

White v. Cannon Fed. Credit Union (In re White)

Ruling
Creditor's motion for summary judgment in debtor's proceeding alleging violation of the discharge injunction denied.
Issue(s)
Should creditor be granted summary judgment in debtor's proceeding claiming violation of the automatic stay or the discharge injunction?

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Consumer opinion summary, case decided on June 03, 2016 , LexisNexis #0616-120

In re Aquatic Pools Inc.

Ruling
Claim for wages due more than 180-days before petition date was not entitled to priority status.
Issue(s)
Was creditor's wage claim entitled to priority status?

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Commercial opinion summary, case decided on May 27, 2016 , LexisNexis #0616-086

Bustos v. Muller (In re Muller)

Ruling
Discharge granted over creditor's objection.
Issue(s)
Should debtor's discharge be denied due to alleged misrepresentations to creditor?

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Consumer opinion summary, case decided on May 19, 2016 , LexisNexis #0616-060

In re Spoverlook LLC

Ruling
Relief from stay denied pending bankruptcy court's decision on creditor's motion to reject settlement agreement affecting possible turnover of property.
Issue(s)
Was creditor homeowners' association entitled to relief from stay to enforce a state court settlement agreement and require the debtor to turnover property?

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Commercial opinion summary, case decided on April 29, 2016 , LexisNexis #0516-108

Murphy v. MKM Invests. LLC (In re Spencer)

Ruling
Entire amount of state court judgment based on fraud and willful and malicious injury was nondischargeable.
Issue(s)
Whether all damages awarded to creditors in their state court action against debtor are nondischargeable?

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Consumer opinion summary, case decided on April 14, 2016 , LexisNexis #0516-047