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In re Sak Dev. Inc.

A construction company (movant) requested an order per 11 U.S.C.S. § 506(c) requiring a bank with a security interest in certain real estate in which debtor also had an interest to reimburse movant for expenses that it claimed to have incurred to preserve the value of the real estate. Specifically, movant sought more than $150,000 on account of said expenses. The bank objected to any reimbursement and, inter alia, challenged movant's standing.
Ruling: 
Construction company was entitled to reimbursement for expenses incurred in preservation of property of the estate.
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Commercial case opionion summary, case decided on February 29,2008, LexisNexis #0408-078

In re Lanier

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant bankruptcy debtor, seeking to deny the debtor a discharge based on the debtor's questionable activities prior to filing his bankruptcy petition. The trustee moved to compromise his claims against the debtor by allowing a discharge upon the debtor's payment of a sum over three years in quarterly installments.
Ruling: 
Trustee could not compromise with debtor who engaged in financial irregularities by offering discharge in exchange for installment payments.
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Consumer case opionion summary, case decided on February 29,2008, LexisNexis #0408-053

In re Blanchard Transp. Servs.

The debtor filed a motion for an order directing turnover of property of the debtor's estate that was in the possession of the debtor's customer. In response, the customer requested that the proceedings be stayed or dismissed while the parties submitted their disputes to arbitration, or in the alternative, that the court dismiss the debtor's motion so that the debtor could initiate the matter as an adversary proceeding.
Ruling: 
Arbitration of core matters is inconsistent with Bankruptcy Code.
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Commercial case opionion summary, case decided on February 29,2008, LexisNexis #0508-024

In re Johnson

Debtors, a husband and wife, filed a voluntary petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. The husband's ex-wife filed an objection to the debtors' plan.
Ruling: 
Debtor's obligation to make payments on secured debt to former spouse pursuant to divorce decree was a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-045

In re Evans

Movant, a chapter 13 debtor, sought sanctions against a creditor on a claim that the creditor had violated the automatic stay imposed under 11 U.S.C.S. § 362. The creditor failed to cure the violation despite notice from debtor's counsel, did not oppose the motion, and did not appear in defense at the hearing.
Ruling: 
Creditor sanctioned for repossessing debtor's vehicle on New Year's Eve in violation of stay and failing to promptly return the vehicle upon notice of violation.
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Consumer case opionion summary, case decided on February 14,2008, LexisNexis #0408-039

Lynch v. Parrish

Appellant, a bankruptcy administrator, sought review of a decision of the United States Bankruptcy Court for the Eastern District of North Carolina, which denied the administrator's motion to dismiss the petition filed by appellee debtor. The administrator contended that dismissal was warranted under the means test of 11 U.S.C.S. § 707(b).
Ruling: 
Bankruptcy court properly denied administrator's motion for abuse dismissal where debtor's means test calculation was proper.
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Consumer case opionion summary, case decided on February 14,2008, LexisNexis #0308-085

In re LLS Mgmt. Co.

The chapter 7 trustee filed a motion to determine whether debtor was a "health care business" as that term was defined by 11 U.S.C.S. § 101(27A). Specifically at issue was the proper disposition of records maintained by debtor in connection with its operation of a smoking cessation program.
Ruling: 
Shredding of patient records of debtor smoking cessation center and retention of CD containing patients' information was proper procedure.
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Commercial case opionion summary, case decided on February 11,2008, LexisNexis #0408-038

Ferguson v. Fisher (In re Fisher)

Plaintiff trustee filed an adversary complaint for a revocation of defendant debtors'discharge in a Chapter 7 bankruptcy case, pursuant to 11 U.S.C. § 727(d)(2).
Ruling: 
Debtor's discharge revoked due to failure to turn over stock but discharge of spouse who did not own or control stock not revoked.
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Consumer case opionion summary, case decided on January 07,2008, LexisNexis #0208-100

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