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In re OCA Inc.

Bankruptcy debtors sought confirmation of a plan of reorganization by non- consensual cramdown pursuant to 11 U.S.C. § 1129(b), but a creditor, the former principal of the primary debtor, objected to plan confirmation on the grounds that the plan undervalued the debtors and contravened the absolute priority rule.
Ruling: 
Plan confirmation denied as grant of participation rights to junior class of equity holders without paying unsecured creditors in full violated absolute priority rule.
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In re Complete Retreats LLC

The State of Florida Department of Revenue filed a limited objection to the debtor's motion to approve a sale of substantially all of its assets, pursuant to 11 U.S.C. § 363(b) and (f).
Ruling: 
Exemption from state taxes could not be included in debtor's order for sale of assets where no plan had been confirmed.
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In re Dimas LLC

The special counsel for a chapter 11 debtor filed an application, pursuant to 11 U.S.C. § 330, for a final allowance of compensation and expense reimbursement.
Ruling: 
Compensation denied for services described in insufficient detail and services that did not benefit estate.
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Official Comm. of Unsecured Creditors v. Acres of Diamonds LP (In re The IT Group Inc.)

Plaintiff liquidating trust brought an adversary claim against defendant transferee, seeking to avoid and recover $575,000 as a fraudulent transfer pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550. The transferee moved for summary judgment, asserting that the transfer was a non- avoidable settlement payment pursuant to 11 U.S.C. § 546(e). Transferee and the trust also filed motions in limine concerning expert witness testimony.
Ruling: 
Settlement payment by financial institution was protected from avoidance.
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In re Whispering Pines Estate Inc.

Creditor, which held a first mortgage and second mortgage on the debtor's property, filed two motions. The first was a motion for relief from the automatic stay, and the second was a motion requesting the court to instruct the United States Trustee to appoint a chapter 11 trustee.
Ruling: 
Relief from stay granted to mortgagee creditor due to probable lack of equity and debtor's inability to refinance.
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In re Harris

A creditor, the South Carolina Department of Social Services ("DSS"), filed a motion to dismiss with prejudice a debtor's chapter 13 bankruptcy case pursuant to 11 U.S.C. § 1307(c).
Ruling: 
Case dismissed with prejudice as attempt to avoid outstanding child support obligations.
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In re Nattel

A creditor filed motions to dismiss a debtor's chapter 11 bankruptcy case under 11 U.S.C. § 1112(b)(1) or , in the alternative, for abstention under 11 U.S.C. § 305(a), or , in the alternative, for relief from the automatic stay under 11 U.S.C. § 362(d)(1).
Ruling: 
Non-operating entity with no prospect of rehabilitation could file chapter 11 case to challenge preclusive effect of foreign court's valuation order.
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In re Maxey

A creditor filed a motion, pursuant to 11 U.S.C. § 362(c)(4) and (d), for a declaration that the automatic stay was inapplicable or an annulment of the stay to validate its foreclosure of the debtor's home. The debtor filed a motion for an order extending the stay beyond 30 days, pursuant to section 362(c)(3).
Ruling: 
Stay annulled where debtor filed ninth petition after not making mortgage payments for 38 weeks.
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Brooks v. Stevenson (In re Brooks)

Movants, the debtor and his non-debtor wife, sought an order requiring respondent chapter 7 trustee to abandon his interest in certain funds paid over to him by creditors. These funds were obtained by the creditors as the result of a writ of garnishment. The trustee demanded that the funds be paid over to him because they represented a preferential transfer to the creditors.
Ruling: 
Trustee could retain funds recovered from other creditors that debor claimed were not estate property.
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Winters v. United States (In re Winters)

Plaintiff debtor brought an adversary claim seeking the discharge of a civil judgment and related obligations entered against him in favor of defendant United States, based upon violations of the False Claims Act, 31 U.S.C. §§ 3729–33. The Government moved for summary judgment of nondischargeability under 11 U.S.C. § 523. The Government had failed to timely file a complaint under 11 U.S.C. § 523(c).
Ruling: 
Civil penalty under False Claims Act was nondischargeable but punitive damages and fees were dischargeable due to failure of U.S. Government to filed adversary proceeding.
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