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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

In re Young

A city objected to confirmation of a chapter 13 debtor's plan.
Ruling: 
Debtor could not redeem property that was subject of prepetition tax sale due to failure to act within six month deadline or 60-day extension period.
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Consumer case opionion summary, case decided on October 21,2008, LexisNexis #0209-001

In re Haven Eldercare LLC

The trustee filed a motion to compel the payment by chapter 11 debtors and certain of the debtors'lenders of quarterly fees pursuant to 28 U.S.C.S. § 1930(a)(6).
Ruling: 
Debtor-in-possession enders were not liable for quarterly chapter 11 fees where not provided for in financing order.
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Commercial case opionion summary, case decided on October 17,2008, LexisNexis #0109-095

In re Jackson

Appellant debtors challenged an order from a bankruptcy court, which found that the term "loss of future earnings" as used in 11 U.S.C.S. § 522(d)(11)(E) referred only to post- bankruptcy petition future earnings.
Ruling: 
Bankruptcy court properly held that "loss of future earnings" refers only to postpetition future earnings.
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Consumer case opionion summary, case decided on September 03,2008, LexisNexis #0908-136

Cadle Co. v. Banner (In re Banner)

Respondent debtor filed a petition for relief under chapter 7 of the Bankruptcy Code. Movant creditor filed a motion for relief from the automatic stay, and the debtor filed a motion for an order declaring that real property she owned was exempt from creditors' claims. The creditor and the State of Connecticut filed objections to the debtor's motion.
Ruling: 
Debtor could not avoid creditor's lien that predated acquisition of interest in property.
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Consumer case opionion summary, case decided on August 27,2008, LexisNexis #0908-077

Sattler v. Shallow (In re Shallow)

Plaintiff creditor filed a complaint against defendant chapter 7 debtor, seeking to have one claim held nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6), and a second claim held nondischargeable pursuant to § 523(a)(2)(A), § 523(a)(4), and § 523(a)(6).
Ruling: 
Debts were dischargeable absent evidence of intent to cause injury to creditor.
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Consumer case opionion summary, case decided on August 25,2008, LexisNexis #0109-032

United States v. Argenti (In re Argenti)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4)(A) based on the debtor's false statements under oath. The bankruptcy court conducted a trial.
Ruling: 
Discharge denied due to debtor's false statements under oath.
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Consumer case opionion summary, case decided on August 04,2008, LexisNexis #1208-069

White Oak Corp. v. American Intl Group Inc. (In re National Eastern Corp.)

One plaintiff and one defendant (objecting parties) filed motions to abstain and to remand to state court the captioned adversary proceeding, which had been removed to the bankruptcy court pursuant to 28 U.S.C.S. § 1452(a). The basis of the complaint was that defendants, sureties and attorneys, rather than acting on the behalf of the plaintiffs, the debtor and its affiliates under an indemnity agreement, acted in their own self-interest.
Ruling: 
Proceeding against debtor contractor's sureties and attorneys for acting in self-interest under indemnity agreement remanded to state court.
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Commercial case opionion summary, case decided on July 25,2008, LexisNexis #0808-088

In re Eldercare

The debtors filed separate voluntary petitions for relief under chapter 11. The debtors sought to sell or otherwise transfer or transition a large portion of their nursing facility assets and business operations to the proposed transferees, and permit the State to establish receiverships for several additional nursing facilities. The committee of unsecured creditors filed a timely objection to the transfer motions.
Ruling: 
Sale of debtor's nursing home assets and operations supported by sound business reasons approved.
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Commercial case opionion summary, case decided on July 04,2008, LexisNexis #1008-005

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