- 28 U.S.C.
Longview Power LLC v. First Am. Title Ins. Co. (In re Longview Power LLC)
Aug
12
2014
Ruling
Title insurance policy coverage dispute involving debtor's lender was not a core proceeding.
Issue(s)
Was title insurance policy coverage dispute concerning whether lender was covered by collateral agent's policy a core proceeding?
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Court
:
- 11 U.S.C.
In re Williams
Jul
18
2014
Ruling
Objection to loan servicer's proof of claim sustained.
Issue(s)
Should mortgage servicer's claim be limited to the amount of 12 missing payments tendered to the servicer by the debtors and returned due to the pendency of the foreclosure proceedings?
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Court
:
- 11 U.S.C.
Balascio v. Leitzke (In re Leitzke)
Jul
18
2014
Ruling
Debt was dischargeable as failure to make timely payments under prepetition settlement agreement did not constitute fraud.
Issue(s)
Was debtor's failure to make payments under prepetition settlement agreement with creditor grounds for nondischargeability on the basis of false representations or fraud?
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Court
:
- 11 U.S.C.
In re Optim Energy LLC
May
13
2014
Ruling
Creditor not entitled to derivative standing to pursue claims against subsidiary that held 100 percent of equity interests of chapter 11 debtors.
Issue(s)
Whether creditor of chapter 11 debtors could be granted derivative standing to pursue claims against an entity that, through its subsidiary, indirectly held 100% of the equity interests of each of the debtors, as well as claims against the subsidiary.
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Court
:
- 28 U.S.C.
In re Prommis Holdings LLC
Dec
19
2013
Ruling
Court lacked "arising in" jurisdiction over claims regarding foreclosure sale.
Issue(s)
Did bankruptcy court have jurisdiction over adversary proceeding contesting foreclosure sale.
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Court
:
Napert v. Casey (In re Casey)
Dec
10
2013
Ruling
Failure to disclose consultation with bankruptcy attorney prior to signing note was not grounds for bad faith dismissal.
Issue(s)
Was debtor's failure to disclose consultations with bankruptcy attorney to creditors prior to purchasing mobile home grounds for bad faith dismissal.
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Court
:
In re Chandler
Nov
05
2013
Ruling
Debt was dischargeable absent evidence of creditor's reliance on misrepresentations, fiduciary defalcation or embezzlement.
Issue(s)
Should debt be held nondischargeable due to debtors' actions in executing a promissory note secured by a paver and backhoe and then selling the vehicles allegedly for a fraction of their value.
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Court
:
- 11 U.S.C.
In re ID Liquidation One LLC
Nov
05
2013
Ruling
Owner of interest in debtor LLC entitled to fees for executive management services that provided value to the estate.
Issue(s)
Were owners of interest in debtor LLC entitled to an administrative expense claim for postpetition management services.
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Court
:
- 11 U.S.C.
Kennedy v. Fulton Bank (In re Kennedy)
Jun
10
2013
Ruling
Second lien that was at least partially secured could not be avoided but wholly unsecured third lien could be avoided.
Procedural posture
Plaintiff debtors filed a chapter 13 petition. The debtors owned a property that was encumbered by three consensual liens. The debtors commenced an adversary proceeding to "strip off" the second and third mortgages.
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Court
:
- 11 U.S.C.
In re Vidal
Feb
05
2013
Ruling
Debtors could not propose to strip down junior liens in plan without filing adversary proceedings to determine is liens were unsecured.
Procedural posture
Several chapter 13 debtors who were represented by the same attorney filed bankruptcy plans which proposed to strip off junior liens creditors held on each debtor's principal residence at a "to-be-commenced" adversary proceeding. A chapter 13 trustee who was appointed to administer the debtors' plans filed an objection to confirmation of each plan.
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Court
: