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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 Latimer

The debtors filed a chapter 13 plan which proposed to bifurcate their mortgage into an allowed secured claim and an unsecured claim. In furtherance of the plan, the debtors filed a motion, pursuant to 11 U.S.C.S. § 506(a)(1), for the court to determine the secured status of the mortgage. The creditor opposed the motion.
Ruling: 
Undersecured mortgage claim could be bifurcated.
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Consumer case opionion summary, case decided on October 27,2008, LexisNexis #1208-127

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

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

Houlihan Lokey Howard & Zukin Capital v. High River Ltd. Pship (In re XO Communs.)

Appellant financial company sought review of an order from the United States District Court for the Southern District of New York, which upheld a bankruptcy court's award of $ 4 million to the company for financial restructuring services to appellee debtor.
Ruling: 
Drastically reduced award of fees to financial company that provided debtor with restructuring services remanded due to ambiguities in bankruptcy court opinion.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on October 15,2008, LexisNexis #1108-135

Browning v. MCI Inc. (In re WorldCom Inc.)

Appellant landowner challenged an order of the District Court for the Southern District of New York affirming an order of the Bankruptcy Court for the Southern District of New York granting the reorganized debtor-appellee corporation's motion to bar the landowner from prosecuting Kansas state law claims for trespass and unjust enrichment against the corporation following its emergence from a Chapter 11 proceeding.
Ruling: 
Prepetition state law right of action for trespass was discharged by plan confirmation.
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Commercial case opionion summary, case decided on October 14,2008, LexisNexis #1108-032

In re Forletta

A debtor filed for relief under chapter 13 of the Bankruptcy Code, less than one year after the debtor's earlier chapter 7 case was closed. The debtor sought to continue the automatic stay, pursuant to 11 U.S.C.S. § 362(c)(3)(B).
Ruling: 
Motion to extend stay granted, though not necessary, in chapter 13 case filed by debtor who had received discharge in prior chapter 7 case.
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Consumer case opionion summary, case decided on October 10,2008, LexisNexis #1108-003

Harris v. DAmico (In re DAmico)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtors seeking a denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(2)(A), (4)(A) based on the debtors' failure to disclose prepetition transfers. The bankruptcy court conducted a trial.
Ruling: 
Schedule inaccuracies due to oversight which were remedied at creditors' meeting were not basis for denial of discharge.
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Consumer case opionion summary, case decided on October 09,2008, LexisNexis #1208-033

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