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judge waites

Kort v. Innegra Techs. LLC (In re NMFC LLC)

Ruling
Trade secrets not included in bill of sale were property of the estate.
Issue(s)
Were trade secrets not included in bill of sale for secured creditor's sale of debtor's collateral property of the estate?

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Commercial opinion summary, case decided on January 13, 2015 , LexisNexis #0215-051

In re Ford

Ruling
Creditor that had not objected to debtor's confirmed plan sanctioned for continuing to pursue remedies against debtor's property.
Issue(s)
Should creditor be sanctioned for pursuing remedies against debtor's property when it had not objected to debtor's confirmed plan, which its actions violated?

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Consumer opinion summary, case decided on January 12, 2015 , LexisNexis #0215-036

In re Tree of Life Church

Ruling
Plan confirmed despite rejection by classes containing objecting creditor's impaired claims.
Issue(s)
Could debtor's chapter 11 plan be confirmed despite objections by classes containing objecting creditor's impaired claims?

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Commercial opinion summary, case decided on January 12, 2015 , LexisNexis #0215-060

Nelson v. Arlington Auto Exch. (In re Nelson)

Ruling
Debtor not entitled to immediate turnover of vehicle.
Issue(s)
Was debtor entitled to immediate turnover of repossessed motor vehicle?

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Consumer opinion summary, case decided on December 23, 2014 , LexisNexis #0115-088

In re Mazyck

Ruling
Creditor's claim barred by state law statute of limitations.
Issue(s)
Were creditor's unsecured claims barred by a state law statute of limitations?

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Consumer opinion summary, case decided on November 19, 2014 , LexisNexis #0115-078

In re Sanders

Ruling
Confirmation denied due to failure to provide for postpetition interest.
Issue(s)
Should confirmation of debtor's chapter 13 plan be denied for proposing to pay creditor's secured claim over the term of the plan with no interest?

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Consumer opinion summary, case decided on September 26, 2014 , LexisNexis #0115-097

In re McDonald

Ruling
Bankruptcy petition preparer enjoined from acting in that capacity due to contempt of court.
Issue(s)
Should bankruptcy petition preparer be sanctioned for failing to appear at hearing to defend allegations of violations of § 110.

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Consumer opinion summary, case decided on July 03, 2013 , LexisNexis #1113-036

In re Brown

Ruling
Confirmation of amended plan filed by debtor's personal representative denied and case dismissed where debtor was deceased.
Procedural posture

Before the court was a motion for consideration of a chapter 13 plan filed by a representative of the debtor, who was deceased. The chapter 13 trustee objected to confirmation.

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Consumer opinion summary, case decided on March 25, 2013 , LexisNexis #0613-068

In re Shree Krishna Hospitality LLC

Ruling
Case dismissed with prejudice due to failure to file timely confirmable plan.
Procedural posture

Before the court was a creditor's motion to dismiss debtor's chapter 11 case pursuant to 11 U.S.C.S. § 1112(b).

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Commercial opinion summary, case decided on February 27, 2013 , LexisNexis #0413-025

McDow v. Salmons (In re Roberts)

Ruling
Bankruptcy petition preparer held in contempt for acting as preparer and engaging in unauthorized practice of law in violation of prior injunction.
Procedural posture

The court issued a rule requiring bankruptcy petition preparer to appear before the court and to show cause why he should not be held in civil contempt for acting as a bankruptcy petition preparer and engaging in the unauthorized practice of law in violation of an earlier order permanently enjoining him from such practice.

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Consumer opinion summary, case decided on November 27, 2012 , LexisNexis #1212-107