Jul
20
2015
In re Anthony
Ruling:
Objection to lien claim dismissed without prejudice for not having been brought as an adversary proceeding.
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Consumer case opionion summary, case decided on July 20,2015, LexisNexis #0815-138
Aug
13
2013
In re Moss
Ruling:
Creditors' motion to remove void judgment denied as an adversary proceeding was required.
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Consumer case opionion summary, case decided on August 13,2013, LexisNexis #0913-031
Jun
21
2012
Jefferson v. Community Bank (In re Jefferson)
Plaintiff chapter 13 debtors filed an adversary proceeding against defendant bank, pursuant to Fed. R. Bankr. P. 7001(2), seeking a determination of the validity, priority, or extent of a lien the bank held on real property the debtors owned. The bank filed a motion to dismiss.
Ruling:
Adversary proceeding in debtor's second case could proceed as similar proceeding in first case was not litigated and did not give rise to res judicata.
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Consumer case opionion summary, case decided on June 21,2012, LexisNexis #0912-140
Apr
14
2010
Monroe Capital Inc. v. Frumusa (In re Frumusa)
Plaintiff servicing agent commenced an adversary proceeding against defendants, debtor and two other individuals, pursuant to Fed. R. Bankr. P. 7001(2), to have the court determine the owner of the membership interests in a certain limited liability company (LLC).
Ruling:
Membership interests in limited liability company, owned 100 percent by debtor on petition date, were property of the estate.
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Consumer case opionion summary, case decided on April 14,2010, LexisNexis #0610-136
Jul
17
2008
In re Kemp
A chapter 13 debtor filed a motion to reclassify a creditor's unsecured second mortgage on the debtor's residence as an unsecured claim.
Ruling:
Adversary proceeding not necessary for reclassification of mortgage claim for stripping purposes.
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Consumer case opionion summary, case decided on July 17,2008, LexisNexis #0808-089