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In re Del Corso

The United States Trustee ("UST") filed a motion for sanctions, pursuant to Fed. R. Bankr. P. 9011, against the debtor's counsel. The UST filed a motion to disgorge the fees and return the fees paid by the debtor to counsel in a chapter 7 case.
Ruling: 
Sanctions imposed and attorneys'fees ordered disgorged where counsel advised and assisted debtor in unlawful prepetition fraudulent transfer.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-009

In re Kendall

The debtors filed for relief under chapter 13. The debtors filed an objection to a proof of claim filed for $13,193, pursuant to 11 U.S.C. § 502. After a hearing, the court issued findings of fact and conclusions of law.
Ruling: 
Claim disallowed due to lack of documentary support.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-004

Lassman v. Keefe (In re Keefe)

Plaintiff chapter 7 trustee objected to the discharge of defendant debtor under 11 U.S.C. § 727(a)(3) on the basis that the debtor destroyed certain documents and records from which his financial condition or business transactions might have been ascertained.
Ruling: 
Discharge denied due to debtor's destruction of records from which financial condition and transactions could have been ascertained.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-030

Arlow v. F.A.Y. Props. (In re Mid-City Parking Inc.)

Plaintiff trustee filed an adversary complaint pursuant to 11 U.S.C. § 550 against defendant lessor in connection with five transfers made to it by debtor parking lot operator that were claimed to be preferential within the meaning of 11 U.S.C. § 547. Three of the claims were resolved prior to trial, at which the court heard evidence on the remaining claims and on defendant's ordinary course of business defense under 11 U.S.C. § 547(c)(2).
Ruling: 
Transfers made per a validly assumed executory contract were not preferential.
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Commercial case opionion summary, case decided on December 27,2007, LexisNexis #0208-026

Two Jinn Inc. v. Lopez (In re Lopez)

Plaintiff bail bond company filed an adversary proceeding against defendant chapter 7 debtors claiming that an obligation owed to the company was not dischargeable under 11 U.S.C. § 523(a)(7). The debtors filed a motion to dismiss the complaint for failure to state a claim, which the court treated as a motion for summary judgment.
Ruling: 
Bail bond obligation arose from contract and was dischargeable.
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Consumer case opionion summary, case decided on December 24,2007, LexisNexis #0208-006

In re Lowe

The debtors filed for relief under chapter 7. In consolidated proceedings, a chapter 7 trustee sought turnover of cash and stock distributions that the debtors received through their employment. Debtors in one proceeding and the trustee sought summary judgment.
Ruling: 
Cash and stock distributions under collective bargaining agreement to which debtor did not have an individually enforceable right on petition date were not property of the estate.
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Consumer case opionion summary, case decided on December 24,2007, LexisNexis #0208-024

In re Pina

The debtors filed a motion for a "moratorium" on their chapter 13 plan payments which the court treated as a motion to modify the plan under 11 U.S.C. § 1329. The motion also requested an award of additional compensation for counsel. The chapter 13 trustee filed objections. The court considered identical pleadings and objections in two other cases.
Ruling: 
Request for moratorium on chapter 13 plan payments due to situations beyond debtors'control granted as request for modification.
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Consumer case opionion summary, case decided on December 23,2007, LexisNexis #0208-035

In re Armstrong & Guy Law Office LLC

In a state court civil action, debtors were scheduled to defend a case involving contract and fee-splitting disputes among attorneys in the prosecution of numerous Fen-Phen cases. After the debtors filed voluntary chapter 11 petitions, the attorneys sought modifications of the automatic stay under 11 U.S.C. § 362(d)(1) to permit the underlying litigation to go forward.
Ruling: 
Relief from stay granted to allow attorneys'fee litigation related to Fen-Phen liability cases to move forward.
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Commercial case opionion summary, case decided on December 21,2007, LexisNexis #0208-001

Belveal v. West (In re West)

Plaintiff creditor brought an adversary complaint to determine the dischargeability of a debt owed him by the debtor, a former business partner, pursuant to 11 U.S.C. § 523 and for the general denial of a discharge under 11 U.S.C. § 727, asserting that the debtor made false representations and defrauded the creditor, and deliberately concealed various assets and transactions from the bankruptcy court.
Ruling: 
Discharge denied where debtor claimed not to own trust property used as collateral for personal loans.
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Consumer case opionion summary, case decided on December 21,2007, LexisNexis #0108-102

In re Interstate Bakeries Corp.

Movants, a group of affiliated chapter 11 debtors, filed an emergency motion for an order requiring an interested party and a union to file a plan of reorganization and a disclosure statement by a deadline earlier than that originally imposed and to prohibit them from filing such plan and disclosure statement at any later date. At issue, inter alia, was whether 11 U.S.C. § 105(b) empowered the court to issue the requested order.
Ruling: 
Court declined to accellerate deadline for interested party and union to file plan and disclosure statement.
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Commercial case opionion summary, case decided on December 21,2007, LexisNexis #0208-020

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