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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

Navom v. Mariculture Prods. Ltd.

Plaintiff filed an action against defendant company in a state court alleging breach of contract and unjust enrichment from a $1.47 million promissory note issued to her from the company. A trustee of the bankruptcy estate belonging to plaintiff's husband removed the case to the court. The company sought to refer the case to a bankruptcy court, and plaintiff sought to remand the matter to state court.
Ruling: 
Removed state action for breach of contract and unjust enrichment referred to bankruptcy court as result would affect ability to satisfy creditors.
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Consumer case opionion summary, case decided on October 29,2008, LexisNexis #1108-103

Dieffenbach v. Harworth (In re Harworth)

Appellant son-in-law sought review of the orders of the United States Bankruptcy Court for the District of Connecticut, which refused to remove appellee trustee and denied the son-in-law's motion for damages for a willful violation of the automatic stay.
Ruling: 
Bankruptcy court did not err in refusing to remove trustee.
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Consumer case opionion summary, case decided on October 29,2008, LexisNexis #1108-134

Krys v. Sugrue

Plaintiff trustee of a litigation trust which was assigned claims of the estate of a bankruptcy debtor, brought actions in state courts against defendants, agents and insiders of the debtor and others, including a bank, alleging that defendants aided and abetted the debtor's fraud. The actions were removed to federal court, the trustee moved to remand the actions, and the bank moved to refer claims against it to the bankruptcy court.
Ruling: 
Motion to remand fraud action directly related to debtors'bankruptcy denied.
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Commercial case opionion summary, case decided on October 23,2008, LexisNexis #1108-104

Kuhl v. United States

Following remand from a decision by the U.S. Court of Appeals for the Second Circuit, appellant chapter 7 debtor asked a bankruptcy court to reconsider its decision denying her request for an order requiring appellee United States to pay attorney fees and costs she incurred while successfully contesting an attempt by the IRS to collect taxes. The bankruptcy court denied the debtor's request for attorney fees and costs, and the debtor appealed.
Ruling: 
Denial of debtor's request for attorneys' fees and costs incurred in proceeding against IRS upheld.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1008-133

Northwestern Mutual Life Ins. Co. v. Delta Air Lines Inc. (In re Delta Air Lines Inc.)

Appellee debtor, an airline, filed a petition under chapter 11 of the Bankruptcy Code, and appellant claimants filed claims seeking payment of approximately $ 1 billion based on tax indemnification agreements (TIAs) the debtor and the claimants entered. The Bankruptcy Court for the Southern District of New York upheld the debtor's objections to the claims, and the parties filed cross-appeals.
Ruling: 
Bankruptcy court properly upheld debtor's objections to claims for payment under tax indemnification agreements where plan provision for payment with stock of reorganized debtor was forseeable.
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Commercial case opionion summary, case decided on September 29,2008, LexisNexis #1108-031

Glatzer v. Enron Corp.

Appellee debtors filed petitions under chapter 11 of the Bankruptcy Code, and appellant claimant filed three proofs of claim against the debtors' bankruptcy estates. The United States Bankruptcy Court for the Southern District of New York disallowed and expunged all three claims, pursuant to 11 U.S.C.S. § 502, and the claimant appealed.
Ruling: 
Bankruptcy court properly disallowed all three of creditor's claims based on matters dismissed in state and federal courts.
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Commercial case opionion summary, case decided on September 29,2008, LexisNexis #1108-026

In re Copperfield Invs. LLC

A debtor filed for relief under chapter 11 of the Bankruptcy Code. In addition to the bankruptcy proceeding, the debtor was involved in a civil action pending with the court, that involved substantially the same factual issues as those presented in the bankruptcy proceeding. A creditor filed a motion to withdraw the reference to the bankruptcy court.
Ruling: 
Motion to withdraw reference denied where claims at issue involved core matters.
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Commercial case opionion summary, case decided on September 29,2008, LexisNexis #1208-090

Rossi v. Celli (In re Rossi)

A debtor filed for relief under chapter 13 of the Bankruptcy Code, and a plan was confirmed. In September 2008, the bankruptcy court dismissed the debtor's case. The bankruptcy court entered an order staying a county from evicting the debtor to allow the debtor to seek emergency relief with the court. The debtor sought a stay pending appeal of the dismissal of her chapter 13 case.
Ruling: 
Stay pending appeal of dismissal due to lack of liklihood of success as necessary funding of chapter 13 plan had not occurred.
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Consumer case opionion summary, case decided on September 26,2008, LexisNexis #1008-103

Olsen v. 419 Apt. Corp.

Appellant challenged two decisions of the United States Bankruptcy Court for the Southern District of New York. The first decision denied denying appellant's motion to vacate a settlement agreement between appellee apartment corporation, appellant, and appellant's wife (the debtor) on the basis of fraud, and the second decision denied appellant's motion for reconsideration of that decision.
Ruling: 
Bankruptcy court did not err in denying motions to vacate settlement and reconsideration of same.
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Consumer case opionion summary, case decided on September 19,2008, LexisNexis #1008-067

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