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Connolly v. Spaulding (In re Van Vleet)

Defendant creditor asserted that he loaned money to a corporation in a foreign country in which the debtor had a one hundred percent equity interest and that because the corporation was not a party to the bankruptcy, withdrawal of the reference under 28 U.S.C.S. § 157(d) was appropriate. Plaintiff trustee objected, contending that the debtor should not be liable to the creditor.
Ruling: 
Court declined to withdraw reference of case against corporation in which debtor had 100% equity interest.
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Consumer case opionion summary, case decided on October 10,2008, LexisNexis #1108-093

Greene v. Burke (In re Burke)

Appellee debtor filed an adversary proceeding against appellant creditor, seeking a judgment that a claim the creditor filed against the debtor's bankruptcy estate was invalid. On remand from a decision by the district court, the Bankruptcy Court for the District of Colorado sustained the debtor's objections to the creditor's claim. The creditor appealed.
Ruling: 
Bankruptcy court properly reviewed validity of state court judgment that recognized judgment against debtor by Mexican court.
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Consumer case opionion summary, case decided on September 29,2008, LexisNexis #1008-104

Hook v. Commissioner (In re Hook)

Appellant debtors commenced an adversary proceeding against appellee, the Commissioner of Internal Revenue (IRS), seeking a determination of their federal income tax liabilities for the tax years 1992 through 2006, and appealed from an order of the United States Bankruptcy Court for the District of Colorado dismissing the adversary proceeding with respect to 1992- 1996.
Ruling: 
Tax determination proceeding properly dismissed given dismissal of underlying chapter 11 claim.
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Consumer case opionion summary, case decided on September 18,2008, LexisNexis #1008-016

Jagow v. Top Hill LLC (In re Townhomes at Hill Top LLC)

Defendant creditors filed a motion for withdrawal of the reference under 28 U.S.C.S. § 157(d) to the bankruptcy court of plaintiff trustee's action for a declaratory judgment that the plans and records in the possession were estate property free from liens.
Ruling: 
Complaint for declaratory judgment that plans and records were estate property was a core proceeding not subject to mandatory withdrawal of reference.
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Commercial case opionion summary, case decided on May 14,2008, LexisNexis #0708-034

Harwell v. Martinez (In re Harwell)

Appellant debtor challenged a decision of the United States Bankruptcy Court for the District of Colorado that granted appellee chapter 7 Trustee's motion for approval of sales commission that awarded a three percent real estate commission to appellee real estate broker. The debtor contended that the court awarded the fee without considering all of the factors set forth in 11 U.S.C.S. § 330(a)(3).
Ruling: 
Award of commission to real estate broker remanded due to bankruptcy court's failure to consider lack of evidence of time spent on matter.
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Consumer case opionion summary, case decided on March 19,2008, LexisNexis #0408-097