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In re EZ Pay Servs.

Chapter 7 trustee filed an application to pay the administrative expense claim of a computer forensics expert employed by the trustee, in the amount of $ 70,000, pursuant to 11 U.S.C.S. § 503(b)(1).
Ruling: 
Administrative expense claim for fees of computer forensics expert approved.
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Commercial case opionion summary, case decided on September 28,2007, LexisNexis #0208-111

In re Jones

Chapter 13 debtor filed an objection to a proof of claim filed by the IRS.
Ruling: 
IRS could not be forced to add postpetition tax liability to proof of claim for prepetition liabilities.
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Consumer case opionion summary, case decided on September 04,2007, LexisNexis #0108-033

Varble v. Chase (In re Chase)

Plaintiff creditor initiated an adversary proceeding against defendant chapter 7 debtor, seeking a determination of the dischargeability of a debt under 11 U.S.C. § 523(a)(2)(A) or (a)(2)(C)(I) for legal fees for services performed during the debtor's state court divorce and child custody proceedings.
Ruling: 
Attorneys'fees incurred in divorce case and custody proceeding were discharged except to extent earned postpetition.
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Lubit v. Chase (In re Chase)

Plaintiff creditor initiated an adversary proceeding against defendant chapter 7 debtor, seeking a determination of the dischargeability of a debt under 11 U.S.C. § 523(a)(2)(A) or (a)(2)(C)(I) for fees for forensic psychiatric consultation and expert witness services performed during the debtor's state court child custody proceedings.
Ruling: 
Fees accrued by psychaitrist in debtor's custody proceeding were nondischargeable diven debtor's fruadulent representations regarding payment.
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In re Food Mgmt. Group LLC

A putative defendant, a law firm, sought an order pursuant to 11 U.S.C. § 107(b)(2) requiring that the chapter 11 trustee be required to file a proposed adversary complaint under seal.
Ruling: 
Motion to seal trustee's adversary complaint as defamatory or scandalous denied absent establishment that allegations were untrue.
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In re Gill

A chapter 11 matter was before the court on (1) debtor's Verified Motion for Summary Judgment, and (2) the United States'Motion for Summary Judgment. Both motions related to a Motion for Order to Show Cause filed by debtor.
Ruling: 
IRS did not violate discharge injunction since taxes IRS sought to collect were not discharged or were nondischargeable obligations.
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In re Proud Mary Marina Corp.

Debtor, the operator of a mobile home park, and a proposed purchaser each presented a competing chapter 11 plan of reorganization. Debtor also moved for estimation of application for payment of the administrative expense claims of the proposed purchaser. The contestants disputed whether the plans satisfied the "good faith" requirement and the "feasibility" requirements set forth in 11 U.S.C. § 1129(a)(3) and (11).
Ruling: 
Purchaser of debtor's property's chapter 11 plan was confirmable while the debtor's plan was not confirmable since it failed good faith and feasibility requirements.
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Metro. Steel Inc. v. Halversen (In re Halversen)

Plaintiff creditor sued defendant debtors, alleging that the debt owed to it was nondischargeable pursuant to 11 U.S.C. § 523(a)(4) based on the debtors's fraud or defalcation while acting in a fiduciary capacity. The debtors moved to dismiss the complaint, while the creditor moved for summary judgment.
Ruling: 
Alleged violation of state trust statute was not sufficient to demonstrate fraudulent conduct and creditor otherwise failed to prove nondischargeability of debt.
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