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In re Eneco Inc.

In a chapter 11 debtor's bankruptcy case, movant requested that the court abstain under 11 U.S.C.S. § 305, convert or dismiss the case under 11 U.S.C.S. § 1112, appoint a trustee under 11 U.S.C.S. § 1104, or grant relief from the automatic stay under 11 U.S.C.S. § 362(d).
Ruling: 
Chapter 11 trustee appointed due to debtor's failure to respond to request for production and due to alleged preference transaction.
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Commercial case opionion summary, case decided on March 21,2008, LexisNexis #0508-049

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

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

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

Miller v. Cameron (In re Miller)

Appellant debtor sought review of a decision of the United States Bankruptcy Court for the District of Utah, which dismissed his chapter 7 bankruptcy case under 11 U.S.C.S. § 521(i)(1) for noncompliance with § 521(a)(1)(B)(iv).
Ruling: 
Dismissal for failure to file single payment advice reversed as year-to-date information on final stub was sufficient evidence of payment.
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Consumer case opionion summary, case decided on March 18,2008, LexisNexis #0408-009

Jim Wynn Inc. v. Ratliff (In re Ratliff)

Plaintiff, defendant debtor's former employer, filed an adversary proceeding against the debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) for alleged embezzlement of corporate funds.
Ruling: 
Debtor office manager's embezzlement from employer resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on March 07,2008, LexisNexis #0408-112

Redmond v. Kopp (In re Kopp)

Plaintiff chapter 7 trustee sued defendants, a chapter 7 debtor, the debtor's mother, and a trust the debtor's mother created, seeking an order under 11 U.S.C.S. §§ 542, 543, 544, and 550 avoiding transfers of real property the debtor made to his mother, or its value, for the benefit of the debtor's bankruptcy estate. The parties filed cross-motions for summary judgment.
Ruling: 
Transfers by debtor jailed for spousal abuse to mother, who then transferred assets to trust, avoided as fraudulent.
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Consumer case opionion summary, case decided on February 28,2008, LexisNexis #0308-134

In re Chalakee

Creditors filed proofs of claim asserting that bankruptcy debtors owed credit card debt to the creditors, and the debtors objected to the creditors' claims on the ground that the amounts claimed to be owed were disputed.
Ruling: 
Debtors' objections to creditors' proofs of claim for credit card debt overruled.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-008

Parks v. FIA Card Serv. (In re Marshall)

Appellant trustee challenged a final order and judgment wherein a bankruptcy court designated transfers of the debtors made within the 90 day avoidable period provided under 11 U.S.C.S. § 547(b) to fail to qualify as a "transfer of interest in property." Consequently, the disputed transfers were excluded from the bankruptcy estate. The trustee contended that the disputed transfers were preferential.
Ruling: 
Bankruptcy court properly held that bank to bank transfers of credit were not preferential.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0308-136

In re Engles

When a reaffirmation agreement for a vehicle loan was not executed or filed by a creditor, that debt was discharged. The debtors filed a motion for relief from the discharge order under Fed. R. Civ. P. 60(b)(1) or (6) and Fed. R. Bankr. P. 9024 and a request for approval of the reaffirmation agreement.
Ruling: 
Debtors could not obtain revocation of own discharge.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-017

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