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In re Lemoine

A debtor was ordered to show cause as to why an agreement to reaffirm his debt to a creditor should not be stricken as untimely filed.
Ruling: 
Late-filed reaffirmation agreement stricken from record.
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Consumer case opionion summary, case decided on March 19,2008, LexisNexis #0408-084

Adams v. Spreagle LLC (In re Taub)

Plaintiff U.S. Trustee sought actual damages and monetary sanctions as well as a permanent injunction against defendants, a law firm and a bankruptcy petition preparer, for engaging in the unauthorized practice of law by giving legal advice to a debtor and by providing services to the debtor beyond the mere typing of the petition in violation of 11 U.S.C.S. § 110(e)(2)(A) and (B).
Ruling: 
Bankruptcy petition preparer enjoined from doing business in that capacity due to failure to comply with fee disgorgement order.
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Consumer case opionion summary, case decided on March 18,2008, LexisNexis #0408-075

In re M. Fine Lumber Co.

Chapter 11 debtor filed a motion to assume its commercial lease with a landlord pursuant to 11 U.S.C.S. § 365. The landlord objected to the debtor's assumption of the lease.
Ruling: 
Assumption of lease allowed provided debtor cured prepetition defaults and paid security within ten days.
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Commercial case opionion summary, case decided on March 12,2008, LexisNexis #0408-007

In re Milford Conn. Assocs. LP

A debtor filed for relief under chapter 11 of the Bankruptcy Code. The debtor submitted a proposed plan of reorganization for confirmation.
Ruling: 
Reconfirmation of plan, original confirmation of which was vacated, denied due to failure to satisfy feasibility requirement.
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Commercial case opionion summary, case decided on March 10,2008, LexisNexis #0408-137

In re Northwest Airlines Corp.

Financial advisors which were properly retained by a committee of unsecured creditors in a bankruptcy case were awarded fees and costs in accordance with their previously approved retention agreements. The advisors requested additional success or completion fees based on the successful reorganization of bankruptcy debtors.
Ruling: 
Financial advisors to committee of unsecured creditors were not entitled to success/completion fees.
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Commercial case opionion summary, case decided on February 29,2008, LexisNexis #0408-026

In re Roberts

A bankruptcy debtor with above-median income proposed a chapter 13 plan which claimed a standard deduction from disposable income for transportation ownership expense. The trustee verbally objected to the deduction on the ground that the debtor had no vehicle loan or lease payment, and the debtor moved for a determination of the applicable transportation ownership expense.
Ruling: 
Debtor could take transportation ownership expense on vehicle owned free and clear.
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Consumer case opionion summary, case decided on February 28,2008, LexisNexis #0408-014

In re Shankman

The debtor, who already had a chapter 7 case pending, filed a chapter 13 petition. The chapter 7 trustee and the primary secured creditor moved for the dismissal of the newly filed chapter 13 case. The debtor requested that the motions to dismiss be denied, and alternatively moved to convert his pending chapter 7 case to one under chapter 13 pursuant to 11 U.S.C.S. § 706(a).
Ruling: 
Debtor who filed chapter 13 case while original chapter 7 case was pending allowed to convert chapter 7 case to chapter 13 after dismissal of chapter 13 case.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-011

In re Quigley

A bankruptcy debtor submitted a proposed ballot to solicit votes on the debtor's reorganization plan from individuals who held asbestos personal injury claims. An ad hoc committee of asbestos victims objected to the ballot on the ground that it did not seek to identify individuals whose causes of action were unenforceable under state tort reform laws.
Ruling: 
Personal injury claimants' inability to satisfy state's proof requirements did not affect right to vote on chapter 11 plan.
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Commercial case opionion summary, case decided on February 26,2008, LexisNexis #0308-103

In re Haven Eldercare LLC

Bankruptcy debtors in jointly administered cases moved pursuant to 11 U.S.C.S. § 331 for approval of a procedure under which professionals and others could be compensated from estate assets on a monthly basis prior to court approval of their fees and/or expenses.
Ruling: 
Approval of advance payment procedure for professional fees and expenses denied.
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Commercial case opionion summary, case decided on February 13,2008, LexisNexis #0308-106

In re McCormick

Debtor filed a petition under chapter 13 of the Bankruptcy Code and an application requesting that the automatic stay under 11 U.S.C.S. § 362(a) be extended to a limited liability company (LLC) he owned. Two people who identified themselves as judgment creditors, and a third person who claimed she was a creditor, opposed the application.
Ruling: 
Court refused to extend stay to debtor's non-debtor LLC.
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Consumer case opionion summary, case decided on February 08,2008, LexisNexis #0308-005

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