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Orland Holdings LLC v. Rhodes Inc. (In re Rhodes Inc.)

Petitioner debtor leased nonresidential real property from respondent creditor pursuant to a lease agreement requiring the payment of annual rent in equal monthly installments on the first day of each month. The debtor filed for bankruptcy on November 4, 2004, without having paid the rent for November 2004. The creditor moved for an order compelling the debtor to pay the full monthly lease rent payment. The debtor contested the motion.
Ruling: 
Creditor was denied motion for full monthly rental payment pursuant to a lease but was granted motion for payment of postfiling use of the premises as an administrative expense.
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In re Issaac

The debtor's chapter 13 plan proposed to satisfy a balloon payment on her mortgage in full, on or before the payment's due date, by way of a refinance or sale of her home. The plan further provided that if the balloon payment was not satisfied on or before its due date, the stay would automatically modify and the creditor would be allowed to pursue its remedies. The debtor moved for confirmation of her plan and the creditor objected.
Ruling: 
Debtor's proposed chapter 13 plan was denied confirmation since the partial liquidation plan was too speculative to be feasible.
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In re Louredo

Debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code, together with a certificate of exigent circumstances. The court held that the certificate was deficient because it lacked a statement that the debtor had attempted but was unable to obtain the credit counseling required by 11 U.S.C. § 109(h)(1). The debtor subsequently filed a certificate reflecting that she received the required credit counseling.
Ruling: 
Debtor's case was dismissed even though the debtor obtained after filing the required credit counseling since, on filing, the debtor's certificate of exigent circumstances was insufficient.
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In re Winn-Dixie Stores Inc.

Lessor filed an application for payment of administrative expenses for lease payments that accrued pre-petition but were not paid. The debtors filed an objection.
Ruling: 
Lessor was denied an application for payment of rent because the rent obligations accrued pre- petition.
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Brown v. Leslie Kitchenmaster & Kot Inc. (In re Hertzler Halstead Hosp.)

Plaintiff trustee sued defendant, an individual and a corporation, under 11 U.S.C. §§ 547 and 548 to avoid and recover alleged preferential and fraudulent transfers made to them by the debtor prior to the date of debtor's bankruptcy petition.
Ruling: 
Transfers to creditors were fraudulent and thus recoverable since they were made with actual intent to hinder and delay the debtor's other creditors.
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In re Allen

The debtor filed a voluntary petition for relief under chapter 13 of the Bankruptcy Code and a certification of exigent circumstances as to why she had not obtained credit counseling, as required by 11 U.S.C. § 109(h). The court held that the certificate was deficient because it lacked a statement that the debtor had attempted but was unable to obtain the required counseling, and it granted the debtor leave to file a supplemental certificate.
Ruling: 
Court dismissed the debtor's case since the debtor's certificate of exigent circumstances regarding the prefiling credit counseling requirement was deficient.
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Brown v. Leslie Kitchenmaster & Kot Inc. (In re Hertzler Halstead Hosp.)

Plaintiff trustee sued defendant, an individual and a corporation, under 11 U.S.C. §§ 547 and 548 to avoid and recover alleged preferential and fraudulent transfers made to them by the debtor prior to the date of debtor's bankruptcy petition.
Ruling: 
Creditor could not avoid recovery of preferential transfers since the payments were not intended to be contemporaneous exchanges for new value but rather satisfied an antecedent debt.
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Gillman v. Green (In re Green)

Plaintiff chapter 7 trustee sued defendant debtor, seeking an order revoking the debtor's discharge under 11 U.S.C. § 727(d)(3) on the ground that the debtor failed to obey a lawful order of the bankruptcy court to turn over tax refunds for a particular tax year. The bankruptcy court held a trial.
Ruling: 
Court denied revocation of discharge since the trustee did not show that the debtor willfully disobeyed an order to turn over tax refunds but rather had spent the proceeds before receiving notice of obligation.
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In re Medley

Pro se bankruptcy debtors contacted a petition preparer's website and subsequently agreed to pay the preparer to complete their bankruptcy petition and accompanying schedules and forms. The bankruptcy trustee obtained an order to show cause to determine whether the preparer engaged in the unauthorized practice of law, and the preparer did not appear at the show cause hearing.
Ruling: 
Bankruptcy petition preparer who acted as more than a scrivener engaged in the unauthorized practice of law and thus committed a deceptive practice under the Code.
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