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Parker v. Pettigrew (In re Osterwalder)

Plaintiff trustee filed an adversary proceeding against defendants, an attorney and the professional businesses for which he worked, alleging a legal malpractice claim. The trustee's claims arose out of the attorney's legal representation of the debtor in the underlying chapter 7 bankruptcy case and an earlier chapter 11 bankruptcy case. The trustee moved for default judgment under Fed. R. Civ. P. 55, made applicable by Fed. R. Bankr. P. 7055.
Ruling: 
Default judgment granted to trustee in legal malpractice proceeding against debtor's attorneys.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0909-026

French v. Cahill (In re Cahill)

Defendant debtors filed a petition under chapter 7 of the Bankruptcy Code and plaintiff trustee was appointed to represent the bankruptcy estate. The trustee filed an action against the debtors, seeking a judgment declaring that an Economic Stimulus Rebate (ESR) in the amount of $ 1,200 the debtors received from the government was property of the debtors'bankruptcy estate. The trustee filed a motion for summary judgment.
Ruling: 
Economic stimulus rebate was property of the estate as debtor filed petition after effective date of Stimulus Act.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-119

Bedra v. Direct Loan Serv. Sys. (In re Bedra)

Plaintiff debtor filed a complaint to determine the dischargeability of a student-loan obligation under 11 U.S.C.S. § 523(a)(8). Defendant creditor/bank field a motion for summary judgment. Although the debtor requested and was then granted an extension of time in which to respond, no response was filed.
Ruling: 
Debtor granted additional extension of time to respond to student loan creditor's motion for summary judgment due to possible oversight of counsel.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0909-027

Schweibish v. Yoshida (In re Yoshida)

Judgment creditor filed a complaint against debtors seeking a determination that their debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). She sought summary judgment on the count alleging nondischargeability under § 523(a)(2)(A), and the debtors filed a motion to dismiss the complaint under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Judgment debt owed to debtor's mother, who put home up as collateral for loan used solely for debtor's benefit, was dischargeable absent deceit.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0409-116

In re McCully

The trustee opposed the motion of the debtors to modify their previously confirmed chapter 13 plan, pursuant to 11 U.S.C.S. §§ 1325(b)(4) and 1329(a)(2), so that they could decrease the number of their monthly plan payments.
Ruling: 
Co-debtors who fell below median income when one became unemployed were not bound by original above-median commitment period when seeking modification.
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Consumer case opionion summary, case decided on December 19,2008, LexisNexis #0209-058

In re Elizabethtown Family Care Clinic LLC

Movant creditor, a landlord, sought payment of an administrative expense claim per 11 U.S.C.S. § 503(b)(1)(A) in connection with the estate's post-petition occupation of a medical office leased by debtor tenant from the creditor. The trustee filed an objection to the proof of claim contesting the proper amount thereof. At issue was the date upon which the trustee's obligation under 11 U.S.C.S. § 365(d)(3) began to run.
Ruling: 
Landlord allowed administrative expsense claim for rent incurred after petition date.
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Commercial case opionion summary, case decided on December 18,2008, LexisNexis #0109-077

In re Greektown Holdings LLC

Pursuant to 11 U.S.C.S. § 365(d)(2), a general contractor moved to compel the chapter 11 debtors to assume or reject a construction contract between the contractor and the debtors. If assumed, the contractor sought an adequate assurance of future performance.
Ruling: 
Creditor's motion to compel debtor to assume or reject construction contract denied where postpetition payments were current and project was nearing completion.
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Commercial case opionion summary, case decided on December 16,2008, LexisNexis #0309-076

Weisle Corp. v. Leist (In re Leist)

Plaintiffs, a judgment creditor and its principal, and defendant chapter 7 debtor filed cross-motions for summary judgment in plaintiffs' action, which sought to have the judgment debt declared nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6).
Ruling: 
Debtor real estate broker's purchase of property instead of making offer on behalf of clients resulted in nondischargeable economic injury.
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Consumer case opionion summary, case decided on December 16,2008, LexisNexis #0209-046

In re Hernandez

The United States Trustee filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C.S. § 707(b)(1), § 707(b)(2), and § 707(b)(3).
Ruling: 
Above-median debtor's discretionary reduction of hours worked and postpetition marriage were not special circumstances that would prevent abuse dismissal.
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Consumer case opionion summary, case decided on December 01,2008, LexisNexis #0209-122

In re Cincom iOutsource Inc.

Debtor corporation filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. Movant creditor filed a proof of claim after the deadline established by the court, and moved for an order deeming its proof of claim as timely. The trustee and another creditor opposed the creditor's motion.
Ruling: 
Proof of claim failed after creditor was added to amended schedule was deemed timely.
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Commercial case opionion summary, case decided on November 20,2008, LexisNexis #0109-021

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