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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

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