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In re Nicol

Counsel filed an application for the allowance of compensation for services rendered to the debtors in a chapter 11 bankruptcy case under 11 U.S.C.S. § 330(a)(1).
Ruling: 
Attorneys' compensation in chapter 7 case allowed in reduced amount due to limited benefit of initial chapter 11 representation.
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Consumer case opionion summary, case decided on November 14,2008, LexisNexis #0109-003

In re Davis

The chapter 13 trustee filed an objection to confirmation of the debtor's plan, asserting that the treatment of the claims of three secured judgment creditors under the proposed plan did not comply with the requirements imposed by 11 U.S.C.S. § 1325(a)(5)(B). The debtor argued that, because none of those creditors had objected to the proposed plan, 11 U.S.C.S. § 1325(a)(5)(A) was satisfied and § 1325(a)(5)(B) need not be considered.
Ruling: 
Plan could be confirmed despite noncompliant treatment of three claims where creditors did not object.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #0109-024

McDow v. Daniels-Brown (In re Daniels-Brown)

Movant United States Trustee (UST) filed a motion to dismiss a chapter 7 debtor's case under 11 U.S.C.S. § 707(b), claiming that allowing the debtor to discharge her debts would have been an abuse of the bankruptcy system.
Ruling: 
Case dismissed for abuse where debtor overstated expenses and understated projected tax refund.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #0109-019

In re Baltimore Emergency Servs. II

Chapter 11 debtors objected, pursuant to 11 U.S.C.S. § 502(b), to the unsecured claim filed by a claimant.
Ruling: 
Counsel for insurer in malpractice case could not file a proof of claim for services against insured physician debtors.
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Commercial case opionion summary, case decided on October 15,2008, LexisNexis #1208-031

In re Mortgage Banking Trust

Movant sought to dismiss, pursuant to 11 U.S.C.S. § 1112, the chapter 11 filing by debtor, an alleged business trust, on the grounds that the debtor was not eligible to seek bankruptcy relief under 11 U.S.C.S. § 109(d).
Ruling: 
Personal trust was not an eligible debtor.
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Commercial case opionion summary, case decided on July 23,2008, LexisNexis #0908-107

Nesse v. United States (In re USProtect Corp.)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant United States seeking a declaration that the government's forfeiture action against a bank account of a bankruptcy debtor was subject to the automatic bankruptcy stay. The government moved to dismiss the complaint for lack of jurisdiction.
Ruling: 
Bankruptcy court had jurisdiction over trustee's claim that United States forfeiture action against debtor's bank account was subject to stay.
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Commercial case opionion summary, case decided on July 10,2008, LexisNexis #0908-127

In re Gay

The attorney for a chapter 11 debtor filed an application for compensation, seeking approximately $ 88,000 in attorney's fees and costs.
Ruling: 
Debtor's attorneys' fees allowed in reduced amount due to failure to disclose payment by non- debtor entity.
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Consumer case opionion summary, case decided on June 27,2008, LexisNexis #0908-132

In re Belcher

Before the court was a final application for allowance of attorney's fees to counsel for the chapter 7 trustee in the case of the male debtor. The applicants sought compensation of $ 11,696. The application presented an unusual situation in that the chapter 7 trustee liquidated no assets and made no distribution in this consolidated case.
Ruling: 
Trustee's counsel fees allowed in reduced amount where requested fee was out of proportion to results.
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Consumer case opionion summary, case decided on June 03,2008, LexisNexis #0708-065

In re Final Analysis Inc.

Creditors of a corporate debtor filed an involuntary petition against the debtor under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. A creditor who was employed by the debtor transferred his claim to an assignee, and other creditors filed an objection to the transfer.
Ruling: 
Assignment of claim in involuntary case allowed over creditors' objections.
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Commercial case opionion summary, case decided on May 16,2008, LexisNexis #0708-035

In re Pinckney

A debtor was ordered to show cause why his chapter 13 bankruptcy case should not have been dismissed on the ground that the schedules listed more secured debt than the maximum allowed under 11 U.S.C.S. § 109(e).
Ruling: 
Chapter 13 case ordered converted or dismissed due to secured debt in excess of limits.
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Consumer case opionion summary, case decided on May 09,2008, LexisNexis #0608-036

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