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In re Potter

A bank filed a motion requesting the court to enter sanctions for violations of the automatic stay against another creditor under 11 U.S.C.S. § 105 based on the creditor's continued prosecution of a state court action.
Ruling: 
Creditor sanctioned for prosecuting state court action against another creditor in violation of stay.
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Consumer case opionion summary, case decided on April 16,2008, LexisNexis #0608-026

In re Aerobox Composite Structures LLC

The debtor's filed a motion to impose sanctions for violations of stay under 11 U.S.C.S. § 362 against the debtor's former employee for actions in connection with a proceeding before the Human Rights Commission (NM-HRC), which was part of the State of New Mexico Department of Labor, Human Rights Division. The employee had filed a discrimination complaint after she was terminated that resulted in a judgment against the debtor.
Ruling: 
Proceeding before state human rights commission was an exercise of police and regulatory power and did not violate stay.
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Commercial case opionion summary, case decided on April 10,2008, LexisNexis #0508-077

In re Rio Valley Motors Co. LLC

An automobile dealership swapped vehicles with a bankruptcy debtor, also a dealership, and the debtor received a check for its vehicle but did not pay for the dealership's vehicle. The dealership's insurer paid the dealership for its loss and moved for allowance of an administrative claim based on the value of the vehicle delivered to the debtor.
Ruling: 
Insurer's expense in paying auto dealership for amount debtor dealer failed to pay in vehicle swap allowed as administrative expense claim.
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Commercial case opionion summary, case decided on March 24,2008, LexisNexis #0508-044

In re Potter

A bankruptcy debtor owned real property consisting of three tracts which were subject to a covenant that the tracts could not be sold separately, and the debtor transferred the property to a trust by quitclaim deed. A bank secured by one of the tracts, and a homeowners' association (HOA) which claimed a lien against the property for unpaid assessments, moved for relief from the bankruptcy stay under 11 U.S.C.S. § 362(d) to pursue foreclosure.
Ruling: 
Relief from stay to allow foreclosure granted but execution precluded until resolution of fraudulent transfer proceeding.
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Consumer case opionion summary, case decided on March 19,2008, LexisNexis #0408-098

In re Zamora

A creditor objected to the debtors' motion to modify their confirmed chapter 12 plan, pursuant to 11 U.S.C.S. § 1229.
Ruling: 
Modification of chapter 12 plan denied due to failure to allege change in post-confirmation financial condition.
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Consumer case opionion summary, case decided on March 19,2008, LexisNexis #0408-087

United States Trustee v. Richesin (In re Richesin)

Plaintiff, the United States trustee, brought an adversary proceeding objecting to the discharge of the defendant debtor under 11 U.S.C.S. § 727(a)(2)(A) and 727(a)(4). The claims concerned the debtor's interest in and connection to a corporate entity, and his statements under oath that he did not have an ownership interest in that entity, despite factual evidence to the contrary.
Ruling: 
Cumulative effect of several omissions from statements and schedules resulted in denial of discharge.
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Consumer case opionion summary, case decided on February 12,2008, LexisNexis #0308-137

Hunter v. Educational Res. Inst. Inc. (In re Hunter)

Plaintiff chapter 13 debtor filed an adversary proceeding against defendant creditor, seeking a judgment finding that a student debt he owed was discharged because the creditor filed an untimely proof of claim that was disallowed. The creditor filed a motion to dismiss.
Ruling: 
Student loan debt for which untimely proof of claim was disallowed could not be discharged without an adversary proceeding.
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Consumer case opionion summary, case decided on January 18,2008, LexisNexis #0208-116

In re Bates

Movant creditor asked the court to extend the deadline to file a complaint to determine dischargeability of certain obligations that the creditor claimed were owed to him by debtors. At issue was whether the creditor, who sought to file a complaint under 11 U.S.C. § 523(a)(6), was entitled to relief from the existing deadline under Fed. R. Bankr. P. 4007.
Ruling: 
Extension of time granted for objection to discharge where trustee discovered possible unscheduled preferential transfers on eve of deadline.
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Consumer case opionion summary, case decided on January 11,2008, LexisNexis #0308-018

In re Ziemann

Debtor moved for an order determining the priority of and clarifying the payee on an award of legal fees ordered by a state domestic relations court and modifying the chapter 11 plan of reorganization to provide for payment thereof. Objector spouse, the beneficiary of the legal fee order, argued that it was not properly characterized as an administrative claim and asked that the motion be denied.
Ruling: 
Postpetition state court order for debtor to pay former spouse's legal fees did not qualify as an administrative expense.
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Consumer case opionion summary, case decided on January 10,2008, LexisNexis #0308027

In re JTSSimms LLC

The court entered an order denying the motion of creditor hedge fund for relief from the automatic stay on the ground that the collateral, a building on which the hedge fund made a bridge loan, had sufficient value (over $8.5 million) to provide equity for the creditor's interest in the property to justify not modifying the stay. The court issued additional findings of fact and conclusions of law as to the interest charged and loan fee.
Ruling: 
Contract default rate of interest awarded to oversecured creditor.
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Commercial case opionion summary, case decided on January 04,2008, LexisNexis #0208-078

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