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Albert v. Site Mgmt.

Ruling: 
Claims of debtor's leasing agent and property manager were core proceedings within the jurisdiction of the bankruptcy court.
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Consumer case opionion summary, case decided on February 28,2014, LexisNexis #0714-026

Stephens Boatwright Cooper & Coleman PC v. Beskin

Appellant counsel filed an application in the United States Bankruptcy Court for the Western District of Virginia for compensation in a chapter 13 case. The bankruptcy court awarded fees in the amount of $3,000 and costs in the amount of $779. Counsel appealed.
Ruling: 
Bankruptcy court did not act improperly in relying on no-look fee in ruling on supplemental attorneys' fee application.
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Consumer case opionion summary, case decided on October 12,2012, LexisNexis #1112-003

Schafer v. Nextiraone Fed. LLC

Defendant filed a motion to withdraw the reference under 28 U.S.C.S. § 157(d). Chapter 7 trustee opposed the motion.
Ruling: 
Adversary proceeding that could alter debtor's rights and impact administration was related to debtor's bankruptcy.
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Commercial case opionion summary, case decided on June 18,2012, LexisNexis #0712-065

Lain v. Erickson (In re Erickson Ret. Cmtys. LLC)

Plaintiff chapter 11 trustee sued defendants for claims including breach of contract, fraudulent transfers, and avoidable preferences. The adversary action was transferred and automatically referred to the United States Bankruptcy Court for the District of Maryland. Defendants moved to withdraw the reference.
Ruling: 
Reference of breach of contract claims withdrawn.
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Commercial case opionion summary, case decided on June 01,2012, LexisNexis #0612-136

McCarthy v. Wells Fargo Bank (In re El-Atrari)

Defendant former creditor filed a motion pursuant to 28 U.S.C.S. § 157(d) to withdraw the reference of plaintiff chapter 7 trustee's fraudulent conveyance action.
Ruling: 
Withdrawal of reference of fraudulent conveyance proceeding related to bankruptcy denied.
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Consumer case opionion summary, case decided on November 18,2011, LexisNexis #1211-062

Miller v. Kelly

Plaintiff bankruptcy debtor sued defendant for libel. After the claim was dismissed for failure to prosecute, defendant moved for attorney's fees and sanctions. The debtor moved to postpone or strike defendant's motion as barred by the automatic stay under 11 U.S.C.S. § 362.
Ruling: 
Motion for attorneys' fees and sanctions subject to thirty day stay in debtor's second bankruptcy case.
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Consumer case opionion summary, case decided on November 04,2011, LexisNexis #1111-110

Brown v. Fargo

Plaintiff debtor sued defendants, including the holder of a home loan promissory note, in North Carolina state court for breach of contract and other claims. The note holder removed the action. After the debtor filed a bankruptcy petition, the holder moved to transfer venue pursuant to 28 U.S.C.S. § 1404(a).
Ruling: 
Case regarding refinance and distribution of funds transferred as related to debtor's bankruptcy.
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Consumer case opionion summary, case decided on November 03,2011, LexisNexis #1111-137

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