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In re Rouse

Chapter 13 debtors objected to the proof of claim filed by a secured creditor.
Ruling: 
Objection to proof of claim sustained where debtors overcame presumption of validity and creditor failed to meet burden of persuasion.
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Consumer case opionion summary, case decided on July 31,2008, LexisNexis #1008-115

In re Crink

The United States Bankruptcy Administrator (BA) filed a motion pursuant to 11 U.S.C.S. § 105 to strike chapter 7 debtors' Schedule I and set a new time period for determining the debtors' current monthly income.
Ruling: 
Administrator's motion to strike debtors' Schedule I and redetermine debtors' monthly income denied as without authorization.
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Consumer case opionion summary, case decided on July 31,2008, LexisNexis #1008-106

In re Hines

A debtor filed for relief under chapter 13 of the Bankruptcy Code and the matter was converted to a proceeding under chapter 7. A chapter 7 trustee filed a motion to extend time to object to the exemptions claimed by the debtor. The debtor objected to the motion for extension of time.
Ruling: 
Conversion to chapter 7 from chapter 13 required a new 341 meeting and created a new 30-day period for trustee to object to debtor's claimed exemptions.
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Consumer case opionion summary, case decided on July 15,2008, LexisNexis #1008-108

In re Sheridan

In a chapter 11 case filed by individual debtors, a married couple, a combined hearing to consider approval of their proposed disclosure statement and confirmation of their chapter 11 plan of reorganization was held. At issue was whether the plan was properly confirmed under 11 U.S.C.S. § 1129(a) and whether debtors' request for a discharge per 11 U.S.C.S. § 1141(d)(5)(B) was properly granted.
Ruling: 
Debtor's request for early discharge prior to completion of plan payments granted.
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Consumer case opionion summary, case decided on July 14,2008, LexisNexis #0908-090

In re Eagle Creek Subdivision LLC

Bankruptcy debtors-in-possession moved pursuant to 11 U.S.C.S. § 364(c)(1) for authorization to continue loan agreements with primary lenders to allow the debtors to complete their real estate development projects. The debtors also moved pursuant to § 364(d) for authorization to obtain postpetition secondary financing to fund operating costs.
Ruling: 
Debtor-in-possession's continuation of primary real estate development financing approved but secondary financing with priming lien disapproved.
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Commercial case opionion summary, case decided on July 10,2008, LexisNexis #1108-004

In re Mid Atl. Retail Group Inc.

A corporate debtor filed a petition under chapter 7 of the Bankruptcy Code, and an interim trustee was appointed to represent the bankruptcy estate. An attorney who represented movants, an ad hoc committee of creditors, called for an election of a permanent trustee, pursuant to 11 U.S.C.S. § 702, and asked the court to resolve a disputed election after the interim trustee received more votes than a limited liability company (LLC).
Ruling: 
LLC was not eligible to serve as chapter 7 trustee.
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Commercial case opionion summary, case decided on June 18,2008, LexisNexis #0708-109

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 Conner Corp.

An amount remained on deposit in the registry of a bankruptcy court which represented distributions which were not claimed by creditors of a bankruptcy debtor, and the debtor moved for return of the unclaimed funds pursuant to 11 U.S.C.S. §§ 347(b), 1143.
Ruling: 
Debtor not entitled to return of unclaimed funds where prior creditor classes had not been paid in full.
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Commercial case opionion summary, case decided on June 11,2008, LexisNexis #0808-030

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

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