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SunTrust Bank v. Roberson (In re Baseline Sports Inc.)

Plaintiff creditor brought an adversary proceeding against defendants, a bankruptcy debtor, a related entity, and their principals, alleging that defendants fraudulently induced the creditor to enter into a settlement with defendants by misrepresenting the value of the debtors' accounts receivable against which the creditor was permitted to execute. Defendants moved to dismiss the complaint for lack of subject matter jurisdiction.
Ruling: 
Bankruptcy court lacked jurisdiction over tort claims arising largely postpetition and under state law.
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Commercial case opionion summary, case decided on August 01,2008, LexisNexis #0908-060

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 Dumas

Pursuant to 11 U.S.C.S. § 362(d)(1), movant landlord sought relief from a stay in the chapter 13 debtor's bankruptcy case in order to conclude a proceeding to evict the debtor and business from its building. The debtor objected, asserting, inter alia, that as a subtenant on the lease, he had a right to exercise the renewal option contained in the lease.
Ruling: 
Relief from stay granted to allow creditor landlord to evict sublessee debtor.
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Consumer case opionion summary, case decided on July 31,2008, LexisNexis #1008-074

GE Money Bank v. Frazier

Plaintiff bank sought entry of a default judgment against defendant debtors in an adversary proceeding filed in connection with debtors'chapter 7 case. Debtors entered a special appearance for the purpose of challenging the adequacy of plaintiff's service of the summons and complaint and seeking to quash the same. At issue was whether the service obtained by the bank complied with Fed. R. Bankr. P. 7004(b)(9).
Ruling: 
Service on bank by certified mail which was unclaimed, rather than first class mail postage prepaid, was insufficient.
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Consumer case opionion summary, case decided on July 31,2008, LexisNexis #1208-092

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 Simon

The debtor filed an objection to certain claims and a motion to estimate such claims for voting purposes. The motion presented the issue of whether the debtor could separately classify three unliquidated medical malpractice claims by placing them in a class different from his other liquidated general unsecured claims.
Ruling: 
Unliquidated medical malpractice claims to which debtor objected classified separately from liquidated general unsecured claims.
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Consumer case opionion summary, case decided on July 29,2008, LexisNexis #1208-076

Sartin v. Macik

Defendant debtor appealed from a judgment of the District Court for the Western District of North Carolina affirming the bankruptcy court's determination that a debt arising from a state court default judgment entered in favor of plaintiff creditors was nondischargeable under 11 U.S.C.S. § 523(a)(2), (4), and (6) because the default judgment had collateral estoppel effect.
Ruling: 
Default judgment that did not have collateral estoppel effect under state law could not be determinative of dischargeability.
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Consumer case opionion summary, case decided on July 28,2008, LexisNexis #0808-092

In re Hall

Debtors filed a motion to reopen their case in order to seek sanctions against creditor for filing an allegedly improper motion for relief from stay. The sanctions motion sought actual damages, including attorneys' fees and costs, emotional distress damages, treble damages pursuant to the South Carolina Unfair Trade Practices Act, and punitive damages.
Ruling: 
Debtors' delayed motion to reopen case to seek sanctions for allegedly improper motion for relief from stay denied.
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Consumer case opionion summary, case decided on July 24,2008, LexisNexis #1208-063

In re Mortgage Banking Trust

Movant sought to dismiss, pursuant to 11 U.S.C.S. § 1112, the chapter 11 filing by debtor, an alleged business trust, on the grounds that the debtor was not eligible to seek bankruptcy relief under 11 U.S.C.S. § 109(d).
Ruling: 
Personal trust was not an eligible debtor.
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Commercial case opionion summary, case decided on July 23,2008, LexisNexis #0908-107

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

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