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In re Harmony Holdings LLC

Creditors filed motions to determined whether the cases were single asset real estate cases for purposes of 11 U.S.C.S. § 362(d)(3).
Ruling: 
Project encompassing several tracts of land and two entities as owners qualified as "single asset real estate."
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Commercial case opionion summary, case decided on June 23,2008, LexisNexis #0908-004

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 Milby

A debtor sought a ruling that he performed his obligations under 11 U.S.C.S. §§ 521(a) and 362(h) or, alternatively, for approval of two reaffirmation agreements for auto loan debts that he entered into with a bank.
Ruling: 
Bankruptcy court lacked jurisdiction to determine if debtor met reaffirmation obligations to prevent ipso facto repossession under BAPCPA.
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Consumer case opionion summary, case decided on June 16,2008, LexisNexis #0708-117

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

Terry v. Meredith (In re Meredith)

Appellant bankruptcy trustee brought an adversary proceeding against appellee, the president of a corporate successor of debtor, claiming that he was entitled to recover the value of certain assets fraudulently transferred from the bankruptcy estate, pursuant to 11 U.S.C.S. § 550(a)(1). The bankruptcy court and U.S. District Court for the Eastern District of Virginia, at Richmond, rejected the trustee's claim. The trustee appealed.
Ruling: 
Transfer of accounting practice from debtor to corporate successor was not recoverable from nominal president of successor who did not benefit from the transfer.
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Consumer case opionion summary, case decided on June 03,2008, LexisNexis #0708-032

In re Belcher

Before the court was a final application for allowance of attorney's fees to counsel for the chapter 7 trustee in the case of the male debtor. The applicants sought compensation of $ 11,696. The application presented an unusual situation in that the chapter 7 trustee liquidated no assets and made no distribution in this consolidated case.
Ruling: 
Trustee's counsel fees allowed in reduced amount where requested fee was out of proportion to results.
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Consumer case opionion summary, case decided on June 03,2008, LexisNexis #0708-065

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

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 Garrett

A chapter 13 debtor filed a motion to rebut the presumption created by 11 U.S.C.S. § 362(c)(3) that her case was not filed in good faith, and to obtain an extension of the automatic stay pursuant to 11 U.S.C.S. § 362(a).
Ruling: 
Stay would not terminate after 30 days in chapter 13 case filed one year after dismissal of debtor's chapter 7 case.
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Consumer case opionion summary, case decided on May 23,2008, LexisNexis #0808-008

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