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In re Deluxe Cleaners of Durham Inc.

Plaintiff trustee filed an adversary proceeding against defendant ex-wife under 11 U.S.C.S. § 542(a) for turnover to the debtor's bankruptcy estate of the post-petition settlement of a personal injury claim that was transferred from a joint checking account to the ex-wife. The ex-wife filed a third-party complaint against third-party defendant debtor for the amount of the transferred funds.
Ruling: 
Attorneys' fee application denied where firm rendered prepetition services not demonstrably for debtor's benefit and made firm an interested party ineligible for pospetition representation.
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Commercial case opionion summary, case decided on May 01,2008, LexisNexis #0608-072

In re Westcrowns Inc.

A chapter 7 trustee objected to a creditor's proof of claim for vacation pay as an 11 U.S.C.S. § 507(a) priority claim.
Ruling: 
Proof of claim for vacation pay by debtor's former president allowed over trustee's objections.
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Commercial case opionion summary, case decided on April 28,2008, LexisNexis #0608-135

In re Gunter

A mortgage company with a mortgage on property (mortgagee) asked the court to determine the status of property that debtor claimed to have bought from a vendor and whether it had been abandoned by the trustee. The mortgagee's motion also sought the status of a motion filed by a creditor who claimed to have a lien on the same property by reason of a judgment she recovered against the vendor and who had sought relief from stay to pursue that claim.
Ruling: 
Trustee's abandonment of property did not deprive bankruptcy court of jurisdiction over its disposition.
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Consumer case opionion summary, case decided on April 22,2008, LexisNexis #0608-015

In re Lanier

A chapter 7 trustee filed an objection to debtors' claim of a homestead exemption under 11 U.S.C.S. § 522(d)(1). The debtors listed a modular home and a lot, and the trustee contended that the lot was in fact two parcels, one of which was not residential.
Ruling: 
Homestead exemption did not cover adjacent tract not linked to support, existence or enhancement of residence.
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Consumer case opionion summary, case decided on April 18,2008, LexisNexis #0608-005

In re Lipford

The Bankruptcy Administrator (movant) asked the court to dismiss a chapter 7 case filed by debtors, a husband and wife, who claimed that they had filed bankruptcy because they could not pay their bills as they came due. At issue was whether dismissal was properly granted for abuse pursuant to 11 U.S.C.S. § 707(b)(3).
Ruling: 
Case dismissed for abuse based on totality of circumstances.
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Consumer case opionion summary, case decided on April 17,2008, LexisNexis #0608-017

Klingerman v. ExecuCorp LLC (In re Klingerman)

Plaintiff debtor, who was a founding member of defendant limited liability corporation (LLC), commenced an adversary proceeding to judicially dissolve and wind up the LLC. Defendant, another member (member), asserted that the debtor ceased to be a member of the LLC when he filed a bankruptcy petition and thus lacked standing to seek dissolution.
Ruling: 
Debtor's interest in LLC became property of the estate on petition date so that the estate had standing to request dissolution.
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Consumer case opionion summary, case decided on April 10,2008, LexisNexis #0508-118

In re Hitt

Debtor moved per 11 U.S.C.S. § 350 to reopen his chapter 7 bankruptcy and to reimpose the automatic stay relative to a lawsuit that was pending in state court on the date on which debtor's bankruptcy was filed. At issue was whether plaintiff creditor's efforts to reactivate the state court suit following the closure of the chapter 7 violated the discharge injunction under 11 U.S.C.S. § 524 or was affected by 11 U.S.C.S. § 523.
Ruling: 
Creditor's efforts to reactivate state court action against debtor violated discharge injunction.
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Consumer case opionion summary, case decided on April 03,2008, LexisNexis #0508-101

In re Moore

A creditor holding an unsecured nonpriority claim against the debtors arising out their credit card accounts filed an objection to confirmation of the debtors' chapter 13 plan, challenging the debtors' taking of a monthly deduction of $ 263.36 on Official Bankr. Form B22C for a debt payment secured by the debtors' boat, motor and trailer, arguing that the deduction was not a necessary expense under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Above-median debtor's boat payments were reasonably necessary expenses which could be deducted from current monthly income calculation.
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Consumer case opionion summary, case decided on April 02,2008, LexisNexis #0508-055

In re Moore

A creditor holding an unsecured nonpriority claim against the debtors arising out their credit card accounts filed an objection to confirmation of the debtors' chapter 13 plan, challenging the debtors' taking of a monthly deduction of $ 263.36 on Official Bankr. Form B22C for a debt payment secured by the debtors' boat, motor and trailer, arguing that the deduction was not a necessary expense under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Above median debtors' boat payments were not necessary but nevertheless properly deductible.
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Consumer case opionion summary, case decided on April 02,2008, LexisNexis #0508-127

In re Snead

The holder of a note and a deed of trust to certain real property securing a promissory note given by debtor-in-possession (DIP) asked the court for relief from stay to enjoin the DIP from using cash collateral based on the holder's claim that it did not have adequate protection. At issue was whether there was adequate protection for the holder's interest.
Ruling: 
Order for adequate protection payments and enjoining debtor-in-possession from using cash collateral was not necessary where sufficient equity cushion existed in security.
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Consumer case opionion summary, case decided on April 01,2008, LexisNexis #0508-078

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