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judge huennekens

Siegel v. Sony Elecs. Inc. (In re Circuit City Stores Inc.)

Ruling
Trustee's claim to avoid a preferential transfer was not time barred as relating back to original complaint arising from same course of dealing.
Issue(s)
Whether trustee' preference claim barred by the applicable statutes of limitations?

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Commercial opinion summary, case decided on September 08, 2014 , LexisNexis #1014-038

LandAmerica Fin. Group Inc. v. Southern Cal. Edison (In re LandAmerica Fin. Group)

Ruling
Transfers to electric utility in exchange for reasonably equivalent value were not avoidable.
Issue(s)
Were allegedly fraudulent transfers by debtor to electrical utility subject to the reasonably equivalent value defense to avoidance?

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Commercial opinion summary, case decided on May 19, 2014 , LexisNexis #0614-059

DSP Acquisition LLC v. Free Lance-Star Publ. Co.

Ruling
Creditor that did not have valid perfected prepetition security interest could not claim lien on proceeds of sale of assets.
Issue(s)
Did affiliate of purchaser of loan have a claim against proceeds of the sale of debtor's assets?

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Commercial opinion summary, case decided on April 14, 2014 , LexisNexis #0514-050

In re Free Lance-Star Publ. Co.

Ruling
Secured creditor's credit bid limited to extent of valid perfected lien.
Issue(s)
Whether a creditor, as the holder of a secured claim, had the right, under 11 U.S.C.S. § 363(k), to credit bid its claim at a sale of the debtor's assets.

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Commercial opinion summary, case decided on April 14, 2014 , LexisNexis #0514-045

Tavenner v. Wells Fargo Bank (In re Ferguson)

Ruling
Transfers securing antecedent debt could not be avoided.
Issue(s)
Could lien granted within one year of the petition date pursuant to a forbearance agreement to secure antecedent debt be avoided?.

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Consumer opinion summary, case decided on March 18, 2014 , LexisNexis #0414-025

Matson v. American Capital Ltd. (In re LandAmerica Fin. Group Inc.)

Ruling
Claim by investors against debtor that prepared reports on apartment complexes securing mortgages in securitized trust disallowed.
Issue(s)
Should claim by investors against debtor that prepared reports on apartment complexes securing mortgages in securitized trust be allowed?

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Commercial opinion summary, case decided on February 07, 2014 , LexisNexis #0314-012

In re Vaughan

Ruling
Attorney suspended and ordered to disgorge fees due to failure to file documents, timely appear at §341 meetings or accurately disclose fees.
Issue(s)
Should attorney be sanctioned for unprofessional conduct and incompetent representation of debtors in four different cases.

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Consumer opinion summary, case decided on January 15, 2014 , LexisNexis #0214-035

In re Brice

Ruling
Below median debtor's plan confirmed as modified to provide for 36 month term.
Issue(s)
Did loan modification reducing below median debtors' obligation justify modification of plan to provide for 36 rather than 60 month term.

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Consumer opinion summary, case decided on October 18, 2013 , LexisNexis #1113-101

Summit City Limits LLC v. AMF Bowling Worldwide (In re AMF Bowling Worldwide)

Ruling
Creditor could not alter or amend order for disallowance after receiving sufficient notice of debtor's objection to claim.
Issue(s)
Was service by mail, at address specified in creditor's proof of claim and at creditor's business address, of debtor's objection to creditor's proof of claim insufficient so as to allow creditor to alter or amend resulting judgment.

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Commercial opinion summary, case decided on October 09, 2013 , LexisNexis #1013-140

La Bella Dona Skin Care Inc. v. Harton (In re Harton)

Ruling
Judgment for misappropriation of trade secrets was nondischargeable.
Issue(s)
Whether a Virginia state court judgment for willful and malicious misappropriation of trade secrets was nondischargeable under 11 U.S.C.S. § 523(a)(4).

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Consumer opinion summary, case decided on October 01, 2013 , LexisNexis #1013-086