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In re Harmony Holdings LLC

The debtors filed for relief under chapter 11 of the Bankruptcy Code. The movants filed a motion for temporary allowance of chapter 11 claims under Fed. R. Bankr. P. 3018 so that the movants could vote on the debtors' proposed plan of reorganization. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Contested claim temporarily allowed to enable creditor to vote on debtor's chapter 11 plan.
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Commercial case opionion summary, case decided on October 16,2008, LexisNexis #1208-111

In re Baltimore Emergency Servs. II

Chapter 11 debtors objected, pursuant to 11 U.S.C.S. § 502(b), to the unsecured claim filed by a claimant.
Ruling: 
Counsel for insurer in malpractice case could not file a proof of claim for services against insured physician debtors.
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Commercial case opionion summary, case decided on October 15,2008, LexisNexis #1208-031

In re Fitzgerald

Chapter 13 debtors objected to a proof of claim filed by the IRS, and the IRS objected to the confirmation of the debtors'plan under 11 U.S.C.S. § 1322(a)(2).
Ruling: 
IRS Trust Fund Recovery penalty was personal to the debtors and had to be provided for in plan.
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Consumer case opionion summary, case decided on October 10,2008, LexisNexis #0209-127

In re Smith

After the debtor was granted a chapter 7 discharge, the trustee sought to reopen the case to administer an unlisted lawsuit. The debtor amended his property exemptions to exempt part of the unlisted asset. He also moved for authority to sell real property to his fiance for more than the value listed on schedule A. The sale was allowed. The trustee objected to the sale, seeking an order that the net proceeds belonged to the estate.
Ruling: 
Bankruptcy court declined to revoke abandonment of debtor's real property upon reopening of case to administer unlisted lawsuit.
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Consumer case opionion summary, case decided on October 06,2008, LexisNexis #1208-018

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

DaimlerChrysler Fin. Servs. Americas LLC v. Jones (In re Jones)

Defendant creditor appealed a decision of the Bankruptcy Court for the Southern District of West Virginia, which ordered the creditor to return to plaintiffs, a chapter 7 debtor and his non-debtor wife, the vehicle it repossessed.
Ruling: 
Order for return of vehicle repossessed after debtors failed to redeem or reaffirm reversed.
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Consumer case opionion summary, case decided on September 29,2008, LexisNexis #0109-073

In re Waller

Debtors filed a voluntary petition under chapter 7 of the Bankruptcy Code, and a creditor asked the court to approve agreements the debtors signed which reaffirmed debt they owed on their residence.
Ruling: 
Court denied approal of reaffirmation agreement for debts owed on real property as not in debtor's best interests under BAPCPA.
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Consumer case opionion summary, case decided on September 24,2008, LexisNexis #1208-043

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