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In re OCA Inc.

Bankruptcy debtors sought confirmation of a plan of reorganization by non- consensual cramdown pursuant to 11 U.S.C. § 1129(b), but a creditor, the former principal of the primary debtor, objected to plan confirmation on the grounds that the plan undervalued the debtors and contravened the absolute priority rule.
Ruling: 
Plan confirmation denied as grant of participation rights to junior class of equity holders without paying unsecured creditors in full violated absolute priority rule.
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In re Complete Retreats LLC

The State of Florida Department of Revenue filed a limited objection to the debtor's motion to approve a sale of substantially all of its assets, pursuant to 11 U.S.C. § 363(b) and (f).
Ruling: 
Exemption from state taxes could not be included in debtor's order for sale of assets where no plan had been confirmed.
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In re Dimas LLC

The special counsel for a chapter 11 debtor filed an application, pursuant to 11 U.S.C. § 330, for a final allowance of compensation and expense reimbursement.
Ruling: 
Compensation denied for services described in insufficient detail and services that did not benefit estate.
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Official Comm. of Unsecured Creditors v. Acres of Diamonds LP (In re The IT Group Inc.)

Plaintiff liquidating trust brought an adversary claim against defendant transferee, seeking to avoid and recover $575,000 as a fraudulent transfer pursuant to 11 U.S.C. §§ 548(a)(1)(B) and 550. The transferee moved for summary judgment, asserting that the transfer was a non- avoidable settlement payment pursuant to 11 U.S.C. § 546(e). Transferee and the trust also filed motions in limine concerning expert witness testimony.
Ruling: 
Settlement payment by financial institution was protected from avoidance.
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Jumpp v. Chase Home Fin. LLC (In re Jumpp)

Chapter 13 debtor appealed a decision of the Bankruptcy Court for the District of Massachusetts, which denied debtor's motion for a determination and declaratory judgment as to the continuation and existence of the automatic stay, 11 U.S.C. § 362, and a motion to reimpose the stay.
Ruling: 
Stay in debtor's second chapter 13 case in one year did not terminate after 30 days with respect to property of the estate.
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Taxel v. Chase Manhattan Bank (In re Deuel)

Appellant chapter 7 trustee sought review of a decision of the Bankruptcy Court for the Southern District of California, which denied the trustee's motion for summary judgment and granted the cross-motion of appellee bank. The bank had filed a motion to quiet title to a deed of trust in the debtor's real property. The trustee sought to recover the property for the estate pursuant to 11 U.S.C. § 544(a)(3).
Ruling: 
Trustee could recover property free and clear as bono fide purchaser for value where deed of trust securing bank loan had not been recorded.
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In re Whispering Pines Estate Inc.

Creditor, which held a first mortgage and second mortgage on the debtor's property, filed two motions. The first was a motion for relief from the automatic stay, and the second was a motion requesting the court to instruct the United States Trustee to appoint a chapter 11 trustee.
Ruling: 
Relief from stay granted to mortgagee creditor due to probable lack of equity and debtor's inability to refinance.
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Burrell-Richardson v. Massachusetts Bd. of Higher Educ. (In re Burrell-Richardson)

Chapter 7 debtor appealed a decision of the Bankruptcy Court for the District of Massachusetts, which dismissed her adversary proceeding against creditor, which sought a declaration that her obligation to creditor, arising from a student loan obligation reduced to judgment prepetition, should be discharged by her bankruptcy, notwithstanding the provisions of 11 U.S.C. § 523(a)(8).
Ruling: 
Reduction to judgment did not rob debt of student loan characteristics or nondischargeability absent undue hardship.
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In re Harris

A creditor, the South Carolina Department of Social Services ("DSS"), filed a motion to dismiss with prejudice a debtor's chapter 13 bankruptcy case pursuant to 11 U.S.C. § 1307(c).
Ruling: 
Case dismissed with prejudice as attempt to avoid outstanding child support obligations.
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In re Nattel

A creditor filed motions to dismiss a debtor's chapter 11 bankruptcy case under 11 U.S.C. § 1112(b)(1) or , in the alternative, for abstention under 11 U.S.C. § 305(a), or , in the alternative, for relief from the automatic stay under 11 U.S.C. § 362(d)(1).
Ruling: 
Non-operating entity with no prospect of rehabilitation could file chapter 11 case to challenge preclusive effect of foreign court's valuation order.
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