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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

Holcomb v. Hardeman (In re Holcomb)

Appellant debtors sought review of an order of the Bankruptcy Court for the Western District of Oklahoma, which concluded, pursuant to 11 U.S.C. § 362(c)(3)(A), that the automatic stay imposed on the filing of their chapter 13 case terminated with respect to the estate property on the 30th day after the initiation of their case.
Ruling: 
Automatic stay in debtor's second case did not terminate thirty days after petition date with regard to estate property.
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Consumer case opionion summary, case decided on January 07,2008, LexisNexis #0108-113

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

Miller v. Martin (In re Gross)

In an earlier proceeding the court entered judgment in favor of plaintiff trustee against defendant transferee, in the amount of $13,806, plus interest, and avoiding a mortgage to the transferee on the grounds that the transactions were preferential, pursuant to 11 U.S.C. § 547. The trustee filed a motion for interest, and to amend the judgment to include costs and prejudgment interest from the date of demand of disgorgement.
Ruling: 
Trustee awarded costs on avoidance of portion of prepetition transfer declared preferential.
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Consumer case opionion summary, case decided on January 02,2008, LexisNexis #0208-105

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