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In re Iron Age Corp.

The debtors'landlord filed a motion for an order allowing and directing immediate payment of administrative expense claims. The landlord sought payment of postpetition rent for property that he leased to the debtors by virtue of a lease entered into prior to the filing of the petition. The landlord argued that pursuant to 11 U.S.C. §§ 365(d)(3), 503(a) and 503(b)(1)(A) his claim was an administrative expense claim.
Ruling: 
Lease that was not legally terminated or rejected gave rise to administrative expense claim for landlord.
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Commercial case opionion summary, case decided on November 30,2007, LexisNexis #1207-114

In re Maisel

Creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) on the grounds that the debtors had failed to make regular monthly mortgage payments to the lender and had not sought to cure the arrearage or reaffirm the debt. The creditor further sought relief under 11 U.S.C. § 362(d)(2) on the grounds that the debtors had no equity in the property and the property was not necessary to an effective reorganization.
Ruling: 
Creditor's motion for relief from stay granted where debtor intended to surrender property.
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Consumer case opionion summary, case decided on November 15,2007, LexisNexis #1207-073

In re Kemp

A debtor filed for relief under chapter 13, and the debtor submitted a proposed amended chapter 13 plan. A chapter 13 trustee objected to confirmation of the amended plan on the grounds that the amended plan did not commit all of the debtor's projected disposable income as required by 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Confirmation of amended plan denied due to above median debtors failure to commit all monthly disposable income.
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Consumer case opionion summary, case decided on August 09,2007, LexisNexis #0108-018

In re Munger

Debtors, a husband and wife, filed a petition for relief under chapter 7, and the U.S. Trustee filed a motion to dismiss the case, pursuant to 11 U.S.C. § 707(b), and to extend the time for filing objections to the debtors'discharge under 11 U.S.C. § 727. The debtors opposed the trustee's motion.
Ruling: 
Unemployment compensation properly excluded from calculation of debtors'current monthly income.
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Burdick v. OLeary (In re OLeary)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor seeking to avoid an alleged transfer as fraudulent. The debtor moved to dismiss. At issue was whether the debtor's bankruptcy estate included an interest in property owned by his wife whom he sued for divorce less than 180 days after the filing of his bankruptcy petition.
Ruling: 
Estate did not have interest in property acquired pursuant to divorce decree that was not entered within 180 days of petition date.
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Rupp v. Elmasri (In re Elmasri)

After debtor filed a chapter 7 petition, plaintiff, who was his ex-wife, and intervenor, a former law guardian appointed in connection with debtor's state court matrimonial action, sought payment of judgments against debtor from $50,000 that constituted debtor's homestead exemption under state law and was expected as proceeds from the sale of his residence. The status of such claims under 11 U.S.C. § 522(c) was at issue.
Ruling: 
Trustee could pay off liens with proceeds of sale of homestead even if impairment of exemption resulted.
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Nosek v. Ameriquest Mortg. Co. (In re Nosek)

On remand from the district court, the court was directed to reconsider its prior decision, which held that creditor was liable to chapter 13 debtor for violations of the Massachusetts Consumer Protection Act (Chapter 93A) and awarded debtor $250,000 in emotional distress damages for a breach of the implied covenant of good faith and fair dealing.
Ruling: 
Debtor entitled to actual damages for emotional distress and punitive damages due to creditor's failure to properly account for plan payments.
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In re Weerawat

The matter came before the court for hearing on the chapter 7 trustee's Second Motion for Contempt by which the trustee sought an order holding debtor in contempt and requesting that debtor be incarcerated for failing to comply with the court's Order of January 4, 2007 directing debtor to turn over $100,000 to the trustee.
Ruling: 
Debtor who spent substantial portion of estate funds contrary to court order directed to pay $100 per day or face arrest and incarceration.
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In re Brown

The creditor's counsel objected to the chapter 13 trustee's report and filed a motion for the allowance of an administrative expense for professional services rendered, pursuant to 11 U.S.C. § 503(b)(1)(A).
Ruling: 
Creditor granted administrative expense for counsel fees due to actions to preserve estate.
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