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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

In re Graham

Debtor, an individual whose prior chapter 13 bankruptcy case (Case 1) had been pending within a year prior to the date on which the instant case (Case 2) was filed, moved to extend the 30-day automatic stay per 11 U.S.C.S. § 362(c) and also sought a turnover of property while two creditors filed motions for relief from stay.
Ruling: 
Stay extended in debtor's second chapter 13 case in one year due to demonstrated change in circumstances.
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Consumer case opionion summary, case decided on November 18,2008, LexisNexis #0109-006

In re Rose

A chapter 11 trustee filed a motion against an original owner and an employee for turnover of and an accounting for a backhoe, truck, trailer, and other equipment and property owned by the debtor, pursuant to 11 U.S.C.S. § 542.
Ruling: 
Original owner ordered to turnover construction equipment and vehicles removed from debtor in violation of stay.
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Consumer case opionion summary, case decided on October 02,2008, LexisNexis #1208-017

In re Andrews

A bankruptcy debtor objected to claims filed by creditors which were bulk buyers of charged-off debts on the ground that the claims were barred by statutes of limitations and inadequately documented. The creditors withdrew the claims, and the debtor requested that the creditors be required to show cause why they should not be sanctioned based on their collection practices.
Ruling: 
Debtors motion for sanctions against creditors who withdrew claims after debtor objected denied.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1008-116

In re Lordship Dev. LLC

A creditor filed a motion for relief from the automatic stay in a debtor's chapter 11 bankruptcy case.
Ruling: 
Section 108(d) did not limit period for debtor to redeem foreclosed property where state law did not provide for fixed deadline.
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Commercial case opionion summary, case decided on September 30,2008, LexisNexis #1208-004

Lynch v. Haenke

Appellant Bankruptcy Administrator challenged a decision of the United States Bankruptcy Court for the Eastern District of North Carolina, which denied her motion to dismiss appellee Chapter 7 debtor's case for abuse pursuant to 11 U.S.C.S. § 707(b).
Ruling: 
Debtor properly included contractually due mortgage payment on Form B22A even though debtor had stopped making payments.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1008-121

In re Rascento

The chapter 13 debtor objected to a claim filed by the bank that held the mortgage on his residence, contending that the bank could not prove that it was the true owner of the note and that the note had been paid in full. The bank moved for relief from the automatic stay. The bankruptcy trustee moved to dismiss the bankruptcy, asserting that the debtor's plan did not comply with 11 U.S.C.S. §§ 1322 and 1325.
Ruling: 
Case dismissed due to failure of chapter 13 plan to provide for better recovery than in chapter 7 and debtor's failure to appear.
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Consumer case opionion summary, case decided on September 22,2008, LexisNexis #1208-026

In re Cespedes

The IRS filed a proof of claim in a debtor's chapter 13 bankruptcy case for a 10 percent early withdrawal liability incurred by the debtor pursuant to 26 U.S.C.S. § 72(t). The debtor objected to the classification of the liability as a priority claim under 11 U.S.C.S. § 507(a)(8)(E), asserting that the claim was a general unsecured claim.
Ruling: 
Liability for early withdrawal from IRA was a penalty, not a tax, and not a priority claim.
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Consumer case opionion summary, case decided on September 08,2008, LexisNexis #1008-036

In re Shepard

A chapter 7 trustee filed an objection to debtors' exemptions and amended exemptions pursuant to Fed. R. Bankr. P. 4003(b), alleging that the debtors knowingly made a false representation as to the amount of their income tax refunds. He sought an order requiring the debtors to turn over the amount of undisclosed tax refunds.
Ruling: 
Debtors' exemption in tax refund limited to originally projected amount, not later undisclosed excess.
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Consumer case opionion summary, case decided on August 25,2008, LexisNexis #1208-056

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