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In re Thorne

A debtor filed for relief under chapter 13 of the Bankruptcy Code. A creditor filed an application for allowance of an administrative expense claim, pursuant to 11 U.S.C.S. § 503(b)(1)(A).
Ruling: 
Creditor not entitled to administrative expense claim for costs of reinstalling mobile home which it began repossessing prior to receiving notice of filing.
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Consumer case opionion summary, case decided on June 11,2008, LexisNexis #0708-075

In re Nifong

In the motion for relief before the court, movants requested that the court modify the automatic stay and permit them to proceed with the prosecution of a Civil Action in a federal district court in order to liquidate their claims against debtor. Movants also requested that the court stay further proceedings in the 11 U.S.C.S. § 523(a)(6) dischargeability proceeding pending the outcome of the civil action.
Ruling: 
Stay modified to allow Duke lacrosse players' malicious prosecution tort claims against debtor former prosecutor to proceed in state court.
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Consumer case opionion summary, case decided on May 27,2008, LexisNexis #0808-014

In re Marino

The creditor, a law firm that represented a debtor in a highly contentious marital and equitable distribution proceeding, filed a motion to dismiss the debtor's chapter 7 petition under 11 U.S.C.S. § 707(a), alleging that the petition was not filed in good faith.
Ruling: 
Case filed to preclude arbitration and avoid legal fees related to equitable distribution proceeding dismissed for bad faith.
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Consumer case opionion summary, case decided on May 20,2008, LexisNexis #0708-011

In re Fiero

A creditor filed a motion to dismiss the chapter 7 case of a debtor pursuant to 11 U.S.C.S. § 707(a).
Ruling: 
Case dismissed due to debtor's ability to repay debts.
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Consumer case opionion summary, case decided on May 12,2008, LexisNexis #0708-012

In re Tippett

The chapter 13 trustee moved to dismiss debtor's chapter 13 petition, as did movant creditor, a former employee of debtor. The latter party alternatively sought relief from stay to allow her to pursue pending litigation against debtor that was set for trial two weeks after the petition was filed. At issue was whether the filing was in bad faith so that dismissal per 11 U.S.C.S. § 1307(c) was warranted.
Ruling: 
Suspicious timing of case seemingly filed with sole purpose of frustrating state court litigation denied for bad faith.
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Consumer case opionion summary, case decided on May 08,2008, LexisNexis #0608-054

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

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