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Garcia v. Miller (In re Garcia)

Ruling
Bankruptcy court order that attorney was not subject to section 329(a) remanded for factual determination.
Procedural posture

Movant debtor sought review of a determination by the U.S. Bankruptcy Court for the Northern District of Illinois that defendant, an attorney who had represented the debtor prior to the debtor filing bankruptcy, was not subject to 11 U.S.C.S. § 329.

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Consumer opinion summary, case decided on May 10, 2011 , LexisNexis #0611-002

Stratford Med. Ctr. LLC v. Miller

Ruling
Action by creditor directly against debtor's bank was not related to debtor's bankruptcy nor arising under Title 11 and was improperly removed.
Procedural posture

Creditor field a state court action against debtor's bank for allowing debtor to withdraw funds after service of citation pursuant to a judgment. The creditor contested the removal of the case to bankruptcy court.

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Consumer opinion summary, case decided on March 24, 2011 , LexisNexis #0411-095