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In re Dana Corp.

A creditor filed a motion for the allowance of an administrative expense claim, pursuant to 11 U.S.C.S. § 503(b)(3), (4), consisting of fees and expenses incurred in the debtors' chapter 11 cases. The United States Trustee and committee objected.
Ruling: 
Creditor whose proposals did not lead directly to global settlement not entitled to administrative expense claim.
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Commercial case opionion summary, case decided on June 19,2008, LexisNexis #0708-114

In re Pole

A debtor filed a motion against a creditor alleging that the creditor's post- petition collection activities violated 11 U.S.C.S. § 362(k). The debtor sought actual and punitive damages as well as attorney's fees.
Ruling: 
Service of wage execution based on post-petition judgment despite notice of bankruptcy was a willful violation of stay.
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Consumer case opionion summary, case decided on June 12,2008, LexisNexis #0708-074

In re Crawford

A bidding agent for a mortgage lender submitted the only bid at a foreclosure sale of a bankruptcy debtor's real property, which was conducted by a state-court referee after the debtor's spouse produced a copy of the debtor's bankruptcy petition which was filed the previous day. The bankruptcy court issued an order for the lender and the referee to show cause why they should not be liable for violating the automatic stay of 11 U.S.C.S. § 362.
Ruling: 
Lender, bidding agent and referee willfully violated stay by conducting foreclosure auction despite notice of bankruptcy.
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Consumer case opionion summary, case decided on June 05,2008, LexisNexis #0708-039

In re Munzberg

Bankruptcy debtors' chapter 13 plan proposed to pay a creditor secured by the debtors' vehicle the value of the vehicle, and to cram down the balance of the amount owed to the creditor as general unsecured debt. The creditor objected to confirmation of the debtors' plan on the ground that bifurcation of its secured claim was precluded under 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Negative equity in vehicle was not part of PMSI and could be bifurcated.
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Consumer case opionion summary, case decided on June 03,2008, LexisNexis #0708-092

In re Paley

Debtors filed separate voluntary petitions for relief under chapter 13 of the Bankruptcy Code, and plans for repaying their creditors. A trustee was appointed to represent the debtors' bankruptcy estates, and she filed objections to the debtors' plans.
Ruling: 
Confirmation of plans denied for lack of good faith in chapter 13 cases filed less than eight years afer chapter 7 discharges.
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Consumer case opionion summary, case decided on June 03,2008, LexisNexis #0708-087

Argo Fund Ltd. v. Board of Dirs. of Telecom Arg. S.A. (In re Board of Dirs. of Telecom Arg. S.A.)

Appellant creditor appealed from a decision by the United States District Court for the Southern District of New York, which affirmed an order of the bankruptcy court), granting a petition by appellee, the board of directors of debtor, a major Argentine telecommunications company, for recognition of an ancillary foreign insolvency proceeding under former 11 U.S.C.S. § 304.
Ruling: 
Recognition of ancillary foreign proceeding affirmed.
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Commercial case opionion summary, case decided on May 29,2008, LexisNexis #0608-134

1633 Broadway Mars Rest. Corp. v. Paramount Group Inc. (In re 1633 Broadway Mars Rest. Corp.)

Before the court was a motion to dismiss the chapter 11 petition of plaintiff debtor brought by defendant, debtor's landlord, on the ground that it was a bad faith attempt to modify an earlier plan of reorganization that had been substantially consummated.
Ruling: 
Bad faith dismissal of debtor's second chapter 11 case denied as curing of default under prior plan was legitimate basis for refiling.
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Commercial case opionion summary, case decided on May 22,2008, LexisNexis #0608-122

In re Riggins

The chapter 13 trustee for an above-median income debtor objected pursuant to 11 U.S.C.S. § 1325 to confirmation of the plan proposed by the debtor.
Ruling: 
Confirmation denied due to debtor's failure to net out tax refund against taxes withheld on Form 22C.
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Consumer case opionion summary, case decided on May 20,2008, LexisNexis #0808-024

In re Jackson

A debtor filed for relief under chapter 13 of the Bankruptcy Code, and the matter was converted to a proceeding under chapter 7. A chapter 7 trustee filed a final report, asking the court to approve a distribution to creditors and to authorize a closing of the case. There were no objections to the final report filed by the creditors.
Ruling: 
Motion to close case denied where debtor owed payments to trustee for purchase of estate property.
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Consumer case opionion summary, case decided on May 20,2008, LexisNexis #1008-093

In re Bentley

The chapter 13 trustee, following a meeting of creditors per 11 U.S.C.S. § 341, objected to debtor's proposed plan on the ground that it did not meet the 11 U.S.C.S. § 1325(b)(1)(B) projected disposable income test (PDIT) due to the amendment, by the Internal Revenue Services (IRS), of its collection financial standards (CFS). Debtor contested the objection on the ground that the means test was to be applied on the date the petition was filed.
Ruling: 
IRS collection financial standards amendments effective after petition date did not affect valuation of debtor's plan.
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Consumer case opionion summary, case decided on May 16,2008, LexisNexis #0708-023

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