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Baker Botts L.L.P. v. ASARCO LLC

Ruling: 
Attorneys hired pursuant to § 327(a) are not entitled to award of attorneys' fees for defending their fee applications.
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Commercial case opionion summary, case decided on June 15,2015, LexisNexis #0715-005

Bank of Am. N.A. v. Caulkett

Ruling: 
A chapter 7 debtor may not void a junior mortgage lien under §506(d) when senior mortgage debt exceeds the property value if the creditor's claim is an allowed secured claim.
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Consumer case opionion summary, case decided on June 01,2015, LexisNexis #0715-050

Wellness Intl Network Ltd. v. Sharif

Ruling: 
Bankruptcy courts may adjudicate Stern v. Marshall claims with the knowing and voluntary consent of the parties.
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Consumer case opionion summary, case decided on May 26,2015, LexisNexis #0715-063

Clark v. Rameker

Prior to filing their Chapter 7 case, the debtor wife inherited an IRA from her mother. The debtor wife, who was the sole beneficiary on the account, elected to take monthly distributions from the account. In their subsequently filed Chapter 7 case, the d
Ruling: 
Funds in an inherited individual IRA are not exempt "retirement funds."
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Consumer case opionion summary, case decided on June 12,2014, LexisNexis #0614-114

Executive Benefits Ins. Agency v. Arkison

On de novo review, a district court affirmed a bankruptcy court's summary judgment for a trustee alleging a fraudulent conveyance in a chapter 7 case. After the creditor appealed, the U.S. Supreme Court issued its decision in Stern; based on Stern, the cr
Ruling: 
When presented with a Stern claim, the proper course is for the bankruptcy court to issue proposed findings of fact and conclusions of law for de novo review and entry of judgment by a district court.
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Consumer case opionion summary, case decided on June 09,2014, LexisNexis #0614-137

RadLAX Gateway Hotel LLC v. Amalgamated Bank

A bankruptcy court denied petitioner debtors' request to confirm a "cramdown" bankruptcy plan over respondent lienholder bank's objection, finding that a proposed auction to sell the encumbered asset free and clear of a lien without permitting the bank to credit-bid did not comply with 11 U.S.C.S. § 1129(b)(2)(A)'s requirements for cramdown plans. The U.S. Court of Appeals for the Seventh Circuit affirmed. Certiorari was granted.
Ruling: 
Plan that stripped a secured creditor of its right to credit bid at a sale of its collateral could not be confirmed.
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Commercial case opionion summary, case decided on May 29,2012, LexisNexis #0612-062

Hall v. United States

Debtors who filed a bankruptcy petition under chapter 12 and then sold their farm proposed a plan which provided for treatment of the capital gains tax from the sale as an unsecured claim, and respondent United States objected. Upon the grant of a writ of certiorari, the debtor appealed the judgment of the U.S. Court of Appeals for the Ninth Circuit which held that the tax was not subject to treatment in the debtors' plan.
Ruling: 
Federal tax liability resulting from postpetition sale of debtors' farm was not incurred by the estate and was neither collectible nor dischargeable in debtors' Chapter 12 plan.
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Commercial case opionion summary, case decided on May 14,2012, LexisNexis #0512-140

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