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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

Official Committee of Equity Sec. Holders v. Official Comm. of Unsecured Creditors (In re Adelphia Communs. Corp.)

Appellant, a committee of equity security holders, appealed from an order of the United States District Court for the Southern District of New York, which dismissed the equity committee's appeal from the confirmation order of the United States Bankruptcy Court for the Southern District of New York, approving a chapter 11 bankruptcy plan.
Ruling: 
Bankruptcy court properly withdrew equity security holders committee's derivative standing and approved plan.
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Commercial case opionion summary, case decided on September 24,2008, LexisNexis #1008-066

Wornick v. Gaffney

Appellant spouses sought review of an order of the United States District Court for the Western District of New York affirming the bankruptcy court's order sustaining appellee trustee's objection to the spouses' claim that the cash surrender values of whole life insurance policies that each spouse held for the benefit of the other were exempt from the joint administration of their bankruptcy estates.
Ruling: 
Debtor spouses' interests in reciprocal life insurance policies were inchoate and not subject to administration.
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Consumer case opionion summary, case decided on September 24,2008, LexisNexis #1008-062

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

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