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In re Teknek LLC

A bankruptcy court held appellant, a debtor's corporate officer, in contempt after she refused to provide the key necessary to understanding the debtor's coded financial records. The officer appealed after the District Court for the Northern District of Illinois affirmed the bankruptcy court's contempt order. The officer contended that the bankruptcy court lacked jurisdiction over her.
Ruling: 
Debtor's foreign corporate officer could not be held in contempt for refusal to turn over key to coded records absent personal service.
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Commercial case opionion summary, case decided on December 28,2007, LexisNexis #0108-105

In re Del Corso

The United States Trustee ("UST") filed a motion for sanctions, pursuant to Fed. R. Bankr. P. 9011, against the debtor's counsel. The UST filed a motion to disgorge the fees and return the fees paid by the debtor to counsel in a chapter 7 case.
Ruling: 
Sanctions imposed and attorneys'fees ordered disgorged where counsel advised and assisted debtor in unlawful prepetition fraudulent transfer.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-009

In re Kendall

The debtors filed for relief under chapter 13. The debtors filed an objection to a proof of claim filed for $13,193, pursuant to 11 U.S.C. § 502. After a hearing, the court issued findings of fact and conclusions of law.
Ruling: 
Claim disallowed due to lack of documentary support.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-004

Lassman v. Keefe (In re Keefe)

Plaintiff chapter 7 trustee objected to the discharge of defendant debtor under 11 U.S.C. § 727(a)(3) on the basis that the debtor destroyed certain documents and records from which his financial condition or business transactions might have been ascertained.
Ruling: 
Discharge denied due to debtor's destruction of records from which financial condition and transactions could have been ascertained.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-030

Ransom v. MBNA America Bank (In re Ransom)

The U.S. Bankruptcy Court for the District of Nevada denied confirmation of a chapter 13 plan filed by appellant debtor. The denial was based upon the fact that debtor sought to take deductions for vehicle ownership expenses as part of the calculation of his projected disposable income, when in fact he had no such expenses. A motions panel of the Bankruptcy Appellate Panel granted leave for debtor's appeal under 28 U.S.C. § 158(a)(3), (b).
Ruling: 
Certification to 9th Circuit Court of Appeals on issue of whether debtor could not claim disposable income deduction for expenses on vehicles owned free and clear.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0308015

Killips v. Schropp (In re Prime Realty Inc.)

Plaintiff trustee filed adversary proceedings against defendants, a corporation and two individuals, seeking an order avoiding transfers which a chapter 11 debtor made to the defendants, as either preferential transfers under 11 U.S.C. § 547(b) or constructively fraudulent transfers under 11 U.S.C. § 548(a)(1)(B). The Bankruptcy Court for the District of Nebraska entered judgment in favor of the defendants, and the trustee appealed.
Ruling: 
Bankruptcy court properly held that loan payments were not avoidable where trustee's analysis of debtor's insolvent status at time of transfers was flawed.
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Commercial case opionion summary, case decided on December 27,2007, LexisNexis #0108-098

Arlow v. F.A.Y. Props. (In re Mid-City Parking Inc.)

Plaintiff trustee filed an adversary complaint pursuant to 11 U.S.C. § 550 against defendant lessor in connection with five transfers made to it by debtor parking lot operator that were claimed to be preferential within the meaning of 11 U.S.C. § 547. Three of the claims were resolved prior to trial, at which the court heard evidence on the remaining claims and on defendant's ordinary course of business defense under 11 U.S.C. § 547(c)(2).
Ruling: 
Transfers made per a validly assumed executory contract were not preferential.
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Commercial case opionion summary, case decided on December 27,2007, LexisNexis #0208-026

Ransom v. MBNA Am. Bank (In re Ransom)

A debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors. A bank filed an objection to confirmation of the debtor's plan, claiming that the debtor was not devoting all his projected disposable income to fund the plan, pursuant to 11 U.S.C. § 1325(b)(1)(B). The United States Bankruptcy Court for the District of Nevada denied confirmation, and the debtor appealed.
Ruling: 
Bankruptcy court properly held that above-median debtor could not claim vehicle ownership expense for vehicle owned free and clear.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-082

Two Jinn Inc. v. Lopez (In re Lopez)

Plaintiff bail bond company filed an adversary proceeding against defendant chapter 7 debtors claiming that an obligation owed to the company was not dischargeable under 11 U.S.C. § 523(a)(7). The debtors filed a motion to dismiss the complaint for failure to state a claim, which the court treated as a motion for summary judgment.
Ruling: 
Bail bond obligation arose from contract and was dischargeable.
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Consumer case opionion summary, case decided on December 24,2007, LexisNexis #0208-006

In re Lowe

The debtors filed for relief under chapter 7. In consolidated proceedings, a chapter 7 trustee sought turnover of cash and stock distributions that the debtors received through their employment. Debtors in one proceeding and the trustee sought summary judgment.
Ruling: 
Cash and stock distributions under collective bargaining agreement to which debtor did not have an individually enforceable right on petition date were not property of the estate.
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Consumer case opionion summary, case decided on December 24,2007, LexisNexis #0208-024

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