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Roche v. Pep Boys Inc. (In re Roche)

Plaintiff debtor, in count one, sought an emergency turnover of property and release of a garnishment. Claim two sought damages for willful violation of the automatic stay due to the fact that defendants, a judgment creditor and its attorney, failed to immediately release the garnishment upon learning about the filing of the bankruptcy petition. Cross-motions for summary judgment were pending.
Ruling: 
Judgment creditor and its attorney willfully violated the automatic stay by failing to dismiss a prepetition bank garnishment and seek adequate protection within a reasonable time.
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Candelario v. Centennial Healthcare Corp. (In re Centennial Healthcare Corp.)

Movant creditor filed a motion to extend the time to file an administrative expense claim and for relief from a discharge injunction. Respondent debtors, who leased and managed numerous nursing homes, contested the motions. The creditor, who claimed that her mother's death was attributable to negligent care while she was a patient in one of the nursing homes, filed her claim request after expiration of the filing deadline.
Ruling: 
Creditor was granted a motion to extend time to file an administrative claim and for relief from the discharge injunction since the creditor was not given notice of the filing and established excusable neglect for the delay in filing a claim.
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In re Cotton

Debtor commenced a chapter 13 case. Before the court were debtor's motion seeking to voluntarily dismiss the case, along with several other matters, to wit: a motion for relief from automatic stay filed on behalf of an estate, a motion for approval of settlement filed on behalf of debtor's former counsel in related state litigation, and the chapter 13 trustee's objection to confirmation of plan.
Ruling: 
Court denied the debtors their motion to dismiss a chapter 13 case and ruled that the best interests of the creditors were to have the case converted to chapter 7.
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In re Allied Holdings Inc.

Debtors, who had filed voluntary petitions under chapter 11, filed a motion for approval of a key employee retention program ("KERP") pursuant to 11 U.S.C. § 363(b). The KERP was supported by the official committee of unsecured creditors and the debtors'postpetition lenders but opposed by a union committee and the U.S. trustee.
Ruling: 
Court provided that it would approve a key employee retention program with certain amendments to the program since the debtors had a sound business reason for proposing the program.
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Turner v. Stuart (In re Stuart)

Two cases came before the court on motions filed by movant, the trustee, to dismiss each of respondent debtor's cases with prejudice. Also, in one of the cases, movant creditor sought to annul the automatic stay so that it could complete the foreclosure sale to the third-party bidder.
Ruling: 
Debtor's third and fourth cases were dismissed for cause due to filing in bad faith.
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In re Damiano

Movant, the mother of a debtor, sought an order allowing her late-filed proof of claim in her daughter's chapter 7 bankruptcy case under Fed. R. Bankr. P. 3002. A creditor opposed the motion.
Ruling: 
Late-filed proof of claim of the debtor's mother was disallowed since the mother had actual knowledge of the case in time to timely file and another creditor objected to the mother's motion to deem the filing timely.
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In re Davenport

The debtor filed a motion to be excused from complying with the prepetition credit counseling requirement of 11 U.S.C. § 109(h), alleging only that certain "exigent circumstances" — the imminent repossession of the debtor's truck — made prepetition credit counseling "meaningless." Two days after filing the petition, the debtor did receive the approved credit counseling.
Ruling: 
Debtor was not excused from prepetition credit counseling requirement despite exigent circumstances because the debtor failed to make a prefiling request for counseling.
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New Buffalo Sav. Bank v. McClung (In re McClung)

Defendant debtor filed for bankruptcy relief under chapter 7. Plaintiff bank filed a proceeding to obtain a ruling that its unsecured claim exceeding $617,000 was excepted from discharge because of a willful and malicious injury to the bank, as contemplated by 11 U.S.C. § 523(a)(6). The debtor sought dismissal of the proceeding.
Ruling: 
Creditor's claim was not excepted from discharge since the creditor did not establish willful and malicious injury by the debtor.
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Vaughn v. Pipkin (In re Vaughn)

Before the court in a chapter 13 case was movant debtor's request for continuation of the automatic stay. Debtor sought continuation of the automatic stay under 11 U.S.C. § 362(c)(3)(B) as to all creditors and parties of interest until the case was closed.
Ruling: 
Debtor was granted an automatic stay continuation in a chapter 13 case since the criteria for obtaining an injunction were met.
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Mortg. Elec. Registration Sys. v. Townsend (In re Townsend)

Debtor filed a pro se motion styled as "Emergency Motion to Reconsider Order of Dismissal Pursuant to 11 U.S.C. § 109(g) to Shorten Time for Notice and to Permit Re-Filing." The motion was opposed by creditor, which filed a request to deny debtor's Emergency Motion.
Ruling: 
Court denied the debtor's emergency motion to reconsider a section 109(g) dismissal order since the debtor failed to file a court-requested affidivat of making chapter 13 plan payments or postpetition mortgage arrearages.
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