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In re DeBouver

Chapter 13 debtors objected to a proof of claim filed by a creditor.
Ruling: 
Debtor's objection to proof of claim based on contract sustained due to creditor's material breach.
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Consumer case opionion summary, case decided on December 31,2012, LexisNexis #0113-098

Parker v. Johnston (In re Johnston)

This adversary proceeding was before the court on plaintiff chapter 7 Trustee's unopposed Motion for Summary Judgment. In her complaint, the Trustee objected to defendant debtor's discharge under 11 U.S.C.S. § 727(a)(6)(A).
Ruling: 
Discharge denied due to violation of court's order for turnover of documents to trustee.
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Consumer case opionion summary, case decided on December 31,2012, LexisNexis #0113-094

In re Lopez

The court held an evidentiary hearing on the "Notice of Post-petition Mortgage Fees, Expenses and Charges" filed by a bank (claimant), as Trustee for a mortgage loan trust, and debtor's Objection thereto. Debtor also sought an award of attorney fees under Fed. R. Bankr. P. 3002.1(i)(2).
Ruling: 
Debtor not entitled to attorneys' fees for objection to notice of postpetition mortgage fees that complied with rules when filed.
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Consumer case opionion summary, case decided on December 31,2012, LexisNexis #0113-099

In re CDC Corp.

After movant, an Official Committee of Equity Security Holders, was permitted to retain LLC as its financial advisor and investment banker in connection with debtor's chapter 11 case, the terms of which were approved by the court per 11 U.S.C.S. § 328(a), issues arose as to the amount that LLC was currently entitled to receive under the "completion fee" provision thereof due to disputes as to the meaning of a "Shareholder Recovery" provision.
Ruling: 
Recovery by financial advisor to official committee of equity security holders limited to amount based on "Shareholder Recovery" while "Completion Fee" was denied.
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Commercial case opionion summary, case decided on December 28,2012, LexisNexis #0113-072

In re Canopy Fin. Inc.

Trustee filed an interim request for attorneys fees and costs pursuant to 11 U.S.C.S. § 331 in the total amount of $661,566.
Ruling: 
Interim attorneys' fee application granted with minor deductions.
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Commercial case opionion summary, case decided on December 28,2012, LexisNexis #0113-107

In re Pate

Debtor filed a petition under chapter 13 of the Bankruptcy Code in August 2011 and converted his case to one under chapter 7 of the Bankruptcy Code in October 2011. The United States Trustee ("UST") filed a motion to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b).
Ruling: 
Converted chapter 7 case dismissed due to debtor's failure to proceed in good faith.
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Consumer case opionion summary, case decided on December 28,2012, LexisNexis #0113-091

Swope v. Grove (In re Gamma Ctr. Inc.)

Plaintiff chapter 7 trustee filed a complaint against defendant transferee to recover as preferential transfers under 11 U.S.C.S. § 547(b) two payments that were allegedly made to, or on behalf of, defendant by the debtor in settlement of a state court complaint. The trustee moved for summary judgment.
Ruling: 
Settlement payments made jointly to creditor law firm during preference period were avoidable.
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Commercial case opionion summary, case decided on December 28,2012, LexisNexis #0113-089

In re General Auto Bldg. LLC

Debtor applied for an order per 11 U.S.C.S. § 363(c)(2)(B) permitting it to use cash collateral belonging to claimant LLC to compensate debtor's appraiser for certain services while the LLC sought relief from stay per 11 U.S.C.S. § 362 on various grounds including lack of adequate protection.
Ruling: 
Application to use cash collateral to compensate appraiser denied.
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Commercial case opionion summary, case decided on December 28,2012, LexisNexis #0113-078

FIA Card Servs. v. Wagner (In re Wagner)

This adversary proceeding was before the court on plaintiff creditor's Fed. R. Civ. P. 56 Motion for Summary Judgment and defendant debtor's response. The creditor alleged in its complaint that the debt owed to it by debtor under an open-end credit plan should be excepted from discharge under 11 U.S.C.S. § 523(a)(2).
Ruling: 
Debt for credit card cash advances was nondischargeable due to operation of presumption.
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Consumer case opionion summary, case decided on December 28,2012, LexisNexis #0113-085

In re Creggett

A creditor filed a notice of mortgage payment change (notice). The chapter 13 debtors objected. They also sought sanctions under Fed. R. Bankr. P. 3002.1(b), consisting of the preclusion of the creditor's presenting evidence in support of its notice and an award of attorney fees.
Ruling: 
Incorrect notice of mortgage payment change was not grounds for sanctions.
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Consumer case opionion summary, case decided on December 28,2012, LexisNexis #0113-100

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