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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

In re Calpine Corp.

Debtors filed a motion pursuant to 11 U.S.C.S. § 502 and Fed. R. Bankr. P. 3007 objecting to claims filed by creditor. The creditor filed its own motion for summary judgment on the claims. The objections stemmed from an alleged breach of an agreement for the sale of a power plant.
Ruling: 
Debtor's objection to creditor's claim relating to power plan operation sustained.
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Commercial case opionion summary, case decided on September 26,2008, LexisNexis #1208-010

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

In re Stein

After a bankruptcy debtor's case had been closed for eight years, the debtor moved to reopen the case pursuant to 11 U.S.C.S. § 350(b) to allow amendment of his schedules to list an interest in real property which the debtor co-owned with his deceased former spouse. The administrator of the spouse's estate opposed the motion.
Ruling: 
Case reopened to determine debtor's rights in property which debtor recently learned was co- owned with deceased former spouse.
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Consumer case opionion summary, case decided on September 17,2008, LexisNexis #1208-030

Durand v. Ackerman (In re Durand)

Appellant husband sought review of the judgments of the United States Bankruptcy Court, which denied his motion for reconsideration and granted appellee trustee's motion, pursuant to Fed. R. Bankr. P. 7037 and Fed R. Civ. P. 37, for default judgment and sanctions, specifically attorney's fees and costs, in an action to avoid the debtor's transfer of property to her husband as a fraudulent conveyance or unauthorized post-petition transfer.
Ruling: 
Default and sanctions reversed as failure to appear at hearing in avoidance proceeding was insufficient grounds.
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Consumer case opionion summary, case decided on September 16,2008, LexisNexis #1008-136

Adler v. Ng (In re Adler)

Appellee creditors brought an adversary proceeding against appellant bankruptcy debtor seeking a determination that a debt was not dischargeable based on fraud under 11 U.S.C.S. § 523(a)(2)(A), and seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4)(A). The debtor appealed the order of the United States Bankruptcy Court for the Eastern District of New York which granted partial summary judgment to the creditors.
Ruling: 
Denial of discharge for fraud reversed due to improper application of collateral estoppel.
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Consumer case opionion summary, case decided on September 15,2008, LexisNexis #1008-138

Urban Communicators PCS Ltd. Pship v. Gabriel Capital LP

Creditor moved to compel payment of cash collateral under 11 U.S.C.S. §§ 362(d) and 363(e). It sought proceeds of a certain Federal Communications Commission (FCC) license sale. Debtors argued the creditor was not secured. The Bankruptcy Court for the Southern District of New York ruled that the creditor was secured. It also determined the appropriate rate of post-petition interest on the creditor's claim. Both sides appealed.
Ruling: 
Bankruptcy court erred in reducing postpetition interest on unsecured claim.
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Commercial case opionion summary, case decided on September 12,2008, LexisNexis #1008-025

In re Pearl

Debtors 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 a plan the debtors proposed for repaying their creditors.
Ruling: 
Debtor allowed to claim ownership expense on second vehicle owned free and clear.
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Consumer case opionion summary, case decided on September 10,2008, LexisNexis #1208-047

In re Alper Holdings USA

Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code, and claimant, a company that purchased assets belonging to a business that became the debtor's subsidiary, filed claims against the debtor's bankruptcy estate. The debtor asked the court to disallow the claims, pursuant to 11 U.S.C.S. § 502(e)(1)(B), or , in the alternative, to determine the amount of the claims.
Ruling: 
Objection to claim for costs of defense of possible future environmental claims against debtor's former subsidiary sustained.
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Commercial case opionion summary, case decided on September 10,2008, LexisNexis #1108-073

In re Lemma

The debtors filed a motion for a determination that the scheduling of the foreclosure sale of their residence by a creditor violated the co-debtor stay of 11 U.S.C.S. § 1301(a).
Ruling: 
Co-debtor stay is not terminated by 30-day automatic termination of stay in chapter 13 case.
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Consumer case opionion summary, case decided on September 09,2008, LexisNexis #1008-014

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