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In re Porter

In two chapter 13 cases, the debtors' plans contained a provision that purported to preserve a broad range of not-yet-ripe causes of action against unidentified parties. In both cases, the language of the provision was identical and a creditor objected. The court confirmed both plans, with the caveat that adjudication of the objections could result in the controversial provision being modified or stricken.
Ruling: 
Debtor could not preserve otherwise undisclosed prepetition causes of action that would not be pursued until after confirmation.
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Consumer case opionion summary, case decided on February 08,2008, LexisNexis #0308021

Cole v. Household Fin. (In re Cole)

Plaintiff debtor filed a motion, pursuant to 11 U.S.C.S. § 350, to reopen a chapter 13 bankruptcy case she filed in 2000, and she filed an adversary proceeding against defendants, a finance company and others, claiming that they violated the automatic stay when they filed a foreclosure action on a house her husband owned one hour after she declared bankruptcy.
Ruling: 
Debtor could not reopen case that had been dismissed more than one year earlier absent extraordinary circumstances.
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Consumer case opionion summary, case decided on February 07,2008, LexisNexis #0308024

Hogil Pharm. Corp. v. Sapir (In re Innomed Labs LLC)

Appellants, a pharmaceutical corporation and one of its co-owners, challenged an order of the U.S. Bankruptcy Court authorizing appellee, a chapter 7 trustee of a debtor, to retain special legal counsel to investigate and possibly litigate claims by the debtor against appellants. Appellants argued that the law firm appointed as counsel to the trustee held interests adverse to the estate and was not disinterested.
Ruling: 
Law firm that previously represented co-owner of debtor LLC could represent trustee where co-owner did not hold adverse interest to estate.
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Commercial case opionion summary, case decided on January 29,2008, LexisNexis #0208-092

In re Calpine Corp.

The debtors, a group of related companies, filed for bankruptcy relief under chapter 11 of the United States Bankruptcy Code. The debtors submitted a proposed plan, discovery ensued, and a plan was confirmed. The objecting shareholders filed a motion for a limited stay pending appeal of the confirmation order and plan modification order.
Ruling: 
Stay pending appeal of confirmation order by holders of 5% of debtors' stock who did not participate in confirmation process denied.
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Commercial case opionion summary, case decided on January 24,2008, LexisNexis #0208-129

In re Riffle

A secured creditor of chapter 13 debtors, a husband and wife, filed a motion seeking automatic dismissal of the debtors' case pursuant to 11 U.S.C.S. § 521(i)(1).
Ruling: 
Filing of most recent pay stub and earnings report satisfied requirement for filing of payment advices.
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Consumer case opionion summary, case decided on January 24,2008, LexisNexis #0508-008

In re Raffone

The debtors filed for relief under chapter 7 of the United States Bankruptcy Code, and the case was closed in February 2002. The debtors sought to reopen the case for a ruling that the creditors could not proceed with post-petition lien rights on the debtors' real property. The debtors filed a motion to avoid the lien and to compel compliance with the exemption continuation provisions of 11 U.S.C. § 522(c).
Ruling: 
Debtors could not reopen case to expand exemption in property subject to judgment lien beyond amount originally claimed.
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Consumer case opionion summary, case decided on January 16,2008, LexisNexis #0208-136

In re Delta Air Lines

Debtor airline, a chapter 11 debtor, objected to claims filed by "owner participants" (OPs) that were based on tax indemnification agreements (TIAs) and claims filed by indenture trustees under stipulated loss value (SLVs) contracts relating to leases associated with structured aircraft financing agreements. At issue, inter alia, was the status of such claims under 11 U.S.C. § 502.
Ruling: 
Debtor's objections to claims of owner participants overruled.
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Commercial case opionion summary, case decided on January 16,2008, LexisNexis #0208-133

In re Basis Yield Alpha Fund (Master)

Petitioner liquidators of a foreign debtor, an exempted limited liability financial company incorporated under the laws of the Cayman Islands, sought U.S. recognition of the debtor's Cayman Islands insolvency proceeding. No objection to recognition was made by any party, and the liquidators moved for summary judgment of recognition of the foreign proceeding as a foreign main proceeding.
Ruling: 
Cayman Islands insolvency proceeding of exempted company was not required to be recognized as a foreign main proceeding in absence of evidence of nature of business.
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Commercial case opionion summary, case decided on January 16,2008, LexisNexis #0208-061

In re Dunmore Homes Inc.

The creditors filed a motion to transfer venue of the debtor's chapter 11 case, pursuant to 28 U.S.C. § 1412, to the Eastern District of California. The banks and debtor opposed the motion.
Ruling: 
Venue transferred from state where debtor was incorporated and domiciled to state where sources of funding were located in interests of judicial economy.
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Commercial case opionion summary, case decided on January 14,2008, LexisNexis #0208-063

Micro Connections Inc. v. Shah (In re Shah)

Plaintiff judgment creditors brought an adversary proceeding against defendant debtor seeking to have debtor's discharge denied pursuant to 11 U.S.C. § 727(a)(3) and (a)(4)(A).
Ruling: 
Discharge denied due to debtor's failure to produce documents, deficient record keeping and false oaths and accounts.
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Consumer case opionion summary, case decided on January 10,2008, LexisNexis #0208-051

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