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Buesgens v. Bergman (In re Bergman)

Plaintiff employee was ordered to show cause why his adversary proceeding for employment discrimination against defendants, a debtor, the trustee, the officials, and the attorneys, should not have been dismissed for lack of jurisdiction.
Ruling: 
Employment discrimination proceeding by third party whose only connection with bankruptcy was a similar complaint by debtor dismissed for lack of subject matter jurisdiction
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Consumer case opionion summary, case decided on October 21,2008, LexisNexis #0309-056

In re Artson

The debtor's counsel filed an application for approval and payment of supplemental compensation in a chapter 13 bankruptcy case. The trustee alleged that the plan was not sufficiently funded to allow payment of the fees without reducing the dividend currently being paid on unsecured claims.
Ruling: 
Additional compensation to chapter 13 debtor's attorney allowed to extent not reducing dividend on non-joint unsecured claims.
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Consumer case opionion summary, case decided on August 19,2008, LexisNexis #0908-133

In re Dugan

A debtor filed for relief under chapter 13 of the Bankruptcy Code, and was represented throughout the case by counsel. The debtor's counsel filed a motion for approval and payment of supplemental compensation in the amount of $1,171.
Ruling: 
Additional attorneys' fees could be paid from plan to the extent previously reserved.
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Consumer case opionion summary, case decided on August 18,2008, LexisNexis #0908-134

In re Mahjor

A debtor filed a voluntary petition for adjustment of his debts under Chapter 13 of the Bankruptcy Code. Pursuant to 11 U.S.C.S. § 109(h)(3)(A), the debtor requested deferment of the required credit counseling due to exigent circumstances.
Ruling: 
Deferment of credit counseling requirement denied where debtor did not show it had requested counseling but was unable to obtain same within five days.
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Consumer case opionion summary, case decided on July 14,2008, LexisNexis #0908-037

In re Degrosseilliers

A chapter 13 trustee objected to the confirmation of debtors' plan on the ground that the debtors were not devoting their projected disposable income to payment of unsecured claims as required by 11 U.S.C.S. § 1325(b)(1).
Ruling: 
Certification denied due to debtor's failure to devote projected disposable income to plan.
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Consumer case opionion summary, case decided on July 11,2008, LexisNexis #0808-084

In re T&B Mortg. Corp.

The moving creditor sought the allowance and payment, as a chapter 7 administrative expense, of attorney's fees and expenses in the amount of $ 9,084.53 it incurred in pursuing a pre-petition fraudulent conveyance action that was subsequently removed to federal court, pursuant to 11 U.S.C.S. § 503(b)(3) and (4).
Ruling: 
Attorneys' fees in fraudulent conveyance action recoverable as administrative expense claim only to the extent incurred postpetition.
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Commercial case opionion summary, case decided on May 27,2008, LexisNexis #0808-011

Canfield v. Stephenson (In re Stephenson)

Plaintiff, a pro se litigant, filed an adversary proceeding to determine that a state court judgment (Judgment) won by his wholly-owned company on account of certain delinquent taxes, penalties, and interest paid by the company to state and federal taxing authorities was nondischargeable under 11 U.S.C.S. § 523(a)(1). Also interested in the matter was debtor, an individual who had filed a chapter 7.
Ruling: 
Portion of judgment for withholding tax liabilities in favor oF creditor that retook control of company it originally sold to debtor was nondischargeable.
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Consumer case opionion summary, case decided on May 13,2008, LexisNexis #0608-113

In re Rowe Furniture Inc.

A creditor filed proofs of claim in the bankruptcy case of a bankruptcy debtor's parent company, and the claims bar date in the debtor's case passed before the parent company successfully objected to the creditor's claims on the ground that the claims were filed in the wrong case. The creditor moved to allow the claims as amendments to the timely filed claims in the parent company's case, or as deemed filed in the debtor's case.
Ruling: 
Timely claim wrongly filed in case of debtor's parent could not be allowed in debtor's case where bar date had passed.
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Commercial case opionion summary, case decided on May 08,2008, LexisNexis #0608-040

In re Mascoll

Chapter 13 trustee and two of the debtor's secured creditors objected to confirmation of the debtor's plan on the grounds that it failed to meet the requirements of confirmation set forth in 11 U.S.C.S. § 1325.
Ruling: 
Confirmation denied where plan did not specify payments and was filed primarily to forestall foreclosure sale.
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Consumer case opionion summary, case decided on April 24,2008, LexisNexis #0608-125

In re Bennett

Debtor filed a voluntary petition under chapter 11 of the Bankruptcy Code, and an amended reorganization plan. A creditor filed an objection to the debtor's plan.
Ruling: 
Plan confirmed over objection of judgment creditor against which debtor had filed avoidance proceeding.
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Consumer case opionion summary, case decided on April 23,2008, LexisNexis #0708-015

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