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In re Utility Craft Inc.

A debtor filed for relief under chapter 7 of the Bankruptcy Code. A creditor filed a claim and a chapter 7 trustee filed an objection to the claim. The court issued findings of fact and conclusions of law on the claim and the objection.
Ruling: 
Store credit for item purchased from debtor and returned as defective was a general unsecured priority claim.
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Commercial case opionion summary, case decided on December 29,2008, LexisNexis #0209-112

ONeil v. IRS (In re ONeil)

Plaintiff debtor brought an adversary proceeding against defendant I.R.S., alleging that the asserted federal tax obligations had been discharged in his chapter 13 case. The I.R.S. moved for summary judgment.
Ruling: 
Debtor's postpetition successor liability for taxes of wholly owned corporation were not provided for in plan and not discharged.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0309-139

Moyers v. Fair Collections & Outsourcing Inc. (In re Moyers)

Plaintiff chapter 7 debtor filed an adversary proceeding against defendant collection agency, alleging that it attempted to collect a debt after she filed for bankruptcy, in violation of 11 U.S.C.S. § 362, and failed to timely update the status of that debt with credit reporting agencies. The collection agency moved for summary judgment.
Ruling: 
Creditor's month and one-half delay in updating debtor's status with credit reporting agency did not violate stay.
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Consumer case opionion summary, case decided on December 22,2008, LexisNexis #0309-137

In re Joel F. Hollowell Oil Co.

A debtor filed its petition for relief under chapter 11 of the Bankruptcy Code. The court entered a final order authorizing the debtor's use of cash collateral for its postpetition operating expenses. A company, which had a first lien security interest in all of the debtor's equipment, fixtures, inventory, and accounts receivable, filed a motion to restrict the debtor's continued use of cash collateral, under 11 U.S.C.S. § 363(e).
Ruling: 
Motion to restrict chapter 11 debtor's use of cash collateral denied.
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Commercial case opionion summary, case decided on December 12,2008, LexisNexis #0209-041

In re Price Funeral Home Inc.

A hearing was held to consider the final approval of a chapter 11 debtor's disclosure statement, and to consider confirmation of the debtor's plan of reorganization. A creditor with a lien on the debtor's real property objected to the statement, voted to reject the plan, and objected to confirmation. The debtor sought to have the plan confirmed pursuant to 11 U.S.C.S. § 1129(b) without the creditor's affirmative vote and over its objection.
Ruling: 
Debtor's disclosures approved over creditor's objection.
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Commercial case opionion summary, case decided on December 12,2008, LexisNexis #0209-051

Ivester v. Miller

Appellant attachment lienors challenged a decision of the Bankruptcy Court for the Middle District of North Carolina, which denied the lienors relief from the automatic stay of 11 U.S.C.S. § 362 in order to prosecute a pre-petition state court action against the debtor.
Ruling: 
Bankruptcy court did not err in denying relief from stay to allow creditor to pursue prepetition state court action.
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Consumer case opionion summary, case decided on December 04,2008, LexisNexis #0109-072

In re Hall

Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A creditor filed an objection to the debtors' plan, claiming that the plan could not be approved because it proposed to cram down the creditor's interest in a vehicle the debtors purchased less than 910 days before they declared bankruptcy, in violation of 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Purchase money security interest in "910 vehicle," exclusive of negative equity, could not be crammed down.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0409-016

In re Ohio Valley Amusement Co.

A creditor of a chapter 11 debtor sought to be allowed an administrative claim under 11 U.S.C.S. § 503(b)(1) against the debtor's estate for two unauthorized, post-petition loans to the debtor. The debtor filed a motion for summary judgment on the grounds that the creditor failed to follow the requirements for post-petition financing set forth in 11 U.S.C.S. § 364.
Ruling: 
Creditor not entitled to adminstrative expense claim for unauthorized postpetition financings.
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Commercial case opionion summary, case decided on December 01,2008, LexisNexis #0109-066

In re Jones

The debtors filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed an objection to property that the debtors claimed as exempt. After a hearing, the court issued findings of fact and conclusions of law.
Ruling: 
Objection to claimed homestead exemption overruled absent direct evidence of fraudulent intent in surrender of real property.
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Consumer case opionion summary, case decided on November 26,2008, LexisNexis #0209-116

In re Smith

The court supplemented its previous findings of fact and conclusions of law concerning the application for administrative expenses in the amount of $ 15,158.73, including $ 3,930.70 in attorneys fees and expenses and $ 7,200.00 in expert consultant fees, filed by the debtor pursuant to 11 U.S.C.S. § 503(b). The debtor incurred the expenses while the estate was closed, prior to the case being reopened upon discovery of the underlying lawsuit.
Ruling: 
Debtor allowed administrative expense claim for fees and costs of lawsuit that benefitted the estate.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0109-045

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