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Murray Energy Holdings Co., In re - Murray v. Dinsmore & Shohl, LLP

Ruling
Court had core, arising-in jurisdiction based on allegation that attorneys committed malpractice in negotiating and obtaining approval of a Chapter 11 plan. (Bankr. S.D. Ohio)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In or Related to Cases Under Title 11.

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Commercial opinion summary, case decided on August 30, 2024 , LexisNexis #1124-049

Rieser v. Hayslip (In re Canyon Sys. Corp.)

Ruling
Transfers were deemed avoidable since they were made with actual intent to hinder, delay, or defraud creditors.
Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against several defendants, who were former investor clients of the debtor, seeking to avoid transfers from the debtor under both 11 U.S.C. § 548 and the Ohio Uniform Fraudulent Transfers Act ("UFTA") (exercising his "strong-arm" powers under 11 U.S.C. § 544(b)). The parties filed cross-motions for partial summary judgment.

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opinion summary, case decided on March 31, 2006 , LexisNexis #0706-062

In re Tudor

Ruling
Mortgagee was denied an attorneys' fees claim since the Code designated that state law governed the claim and Ohio state law precluded enforcement of the mortgage's attorneys'fee provision.
Procedural posture

A bankruptcy debtor's confirmed chapter 13 plan provided for cure of the debtor's mortgage default, and the mortgagee filed a proof of claim for mortgage arrearage. The debtor objected to the mortgagee's claim to the extent that the claim included amounts for attorney fees and costs related to state court foreclosure proceedings.

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opinion summary, case decided on December 09, 2005 , LexisNexis #0206-082