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In re Lowery

Eight years after a bankruptcy debtor was granted a discharge and her case was closed, the debtor moved to reopen the case pursuant to 11 U.S.C.S. § 350(b) in order to schedule a previously undisclosed personal injury claim for administration in the case.
Ruling: 
Bankruptcy court declined to reopen case to administer debtor's previously concealed personal injury claim.
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Consumer case opionion summary, case decided on December 31,2008, LexisNexis #0209-026

Sensenich v. Ledyard Natl Bank (In re Campbell)

Plaintiffs debtor and trustee sued defendant creditor alleging violation of 11 U.S.C.S. § 362(a)(3). The second count alleged that the creditor's actions in destroying estate property were willful violations of the automatic stay, which entitled plaintiffs to punitive damages under § 362(k). Plaintiffs also sought a remedy under the court's civil contempt powers. Pending were the creditor's summary judgment motion and plaintiffs'cross-motions.
Ruling: 
Creditor's destruction of estate property was a willful violation of stay.
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Consumer case opionion summary, case decided on December 24,2008, LexisNexis #0209-005

In re XO Communs. Inc.

On remand from the U.S. Court of Appeals for the Second Circuit, the court was directed to clarify its determination, pursuant to 11 U.S.C.S. § 330(a), of the transaction fee awarded to a financial advisor for its services as restructuring financial advisor to a chapter 11 debtor.
Ruling: 
Chapter 11 debtor's financial advisor awarded additional fees for restructuring of unsecured debt.
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Commercial case opionion summary, case decided on December 12,2008, LexisNexis #0109-065

In re Almonte

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to confirmation of the debtor's chapter 13 plan, arguing, inter alia, that the plan could not be confirmed under 11 U.S.C.S. § 1325 because the debtor did not include credit card cash advances he received before he declared bankruptcy as part of his current monthly income (CMI).
Ruling: 
Credit card cash advances did not need to be included in projected disposable income calculation.
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Consumer case opionion summary, case decided on December 08,2008, LexisNexis #0109-063

In re St. Vincents Catholic Med. Ctrs.

The post-effective date debtors, medical centers, moved for an order to establish procedures for determining covered person status for certain defendants in medical malpractice actions, and moved to enforce the automatic stay under 11 U.S.C.S. § 362, and plan injunction under 11 U.S.C.S. § 524(e), with respect to those defendants, who were non-debtor doctors and others employed by the debtors.
Ruling: 
Motion to enforce stay in favor of non-debtor third party medical malpractice defendants denied.
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Commercial case opionion summary, case decided on December 04,2008, LexisNexis #0209-066

Baldwin v. Celli (In re Baldwin)

Appellants, debtors, filed a notice of appeal from a memorandum decision and order of the bankruptcy court which denied confirmation of debtors'chapter 13 Plan (Plan) because they failed to include all disposable income in their Plan. Appellee trustee opposed debtors'appeal.
Ruling: 
Website did not provide appropriate method for calculating tax expense for Form B22C.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0109-090

In re Moreo

Plaintiff creditor filed an adversary proceeding against defendants, debtors, to deny the debtors their discharge under 11 U.S.C.S. §§ 727(a)(2)(A), 727(a)(3), 727(a)(4)(A), and 727(a)(5). The parties field cross-motions for summary judgment on the § 727(a)(3) and § 727(a)(4)(A) causes of actions.
Ruling: 
Failure of financially unsophisticated debtor to keep adequate business records was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on December 01,2008, LexisNexis #0109-055

In re Lehman Bros. Inc.

Certain former employees of the debtor who were participants under and who had unspecified claims for compensation and other relief arising with respect to deferred compensation plans moved for discovery pursuant to Fed. R. Bankr. P. 2004 for a list of all participants in the debtor's deferred compensation plans.
Ruling: 
Debtor's former employees' motion for discovery of list of participants in deferral compensation plan granted.
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Commercial case opionion summary, case decided on November 26,2008, LexisNexis #0209-132

In re Payroll Express Corp.

Several judgment creditors assigned their money judgment against two individual chapter 11 debtors to an assignee. The assignee thereafter filed an application in the court, seeking to enforce the judgment against the unclaimed dividends remaining in the bankruptcy estate of a chapter 11 corporate debtor. The assignee claimed the corporate debtor and the individual debtors were alter egos.
Ruling: 
Unclaimed dividends could not be used to satisfy judgment where corporate debtor's case had been dismissed without plan confirmation.
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Commercial case opionion summary, case decided on November 24,2008, LexisNexis #0209-065

In re R&G Properties Inc.

Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code, and movant creditor filed an emergency motion seeking an order extending the bankruptcy court's order excusing a receiver who was appointed in a pre-petition state court foreclosure action from the turnover requirements of 11 U.S.C.S. § 543. The debtor opposed the motion.
Ruling: 
Receiver in foreclosure action was not entitled to extension of exemption from turnover requirements once term of original order expired.
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Commercial case opionion summary, case decided on November 21,2008, LexisNexis #0109-080

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