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JPMorgan Chase Bank. V. Tamis (In re Tamis)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtors'fiduciary defalcation. The bankruptcy court conducted a trial.
Ruling: 
Debt of shareholders and officers who were fiduciaries of corporation was dischargeable absent proof of dereliction.
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Consumer case opionion summary, case decided on December 17,2008, LexisNexis #0209-137

In re Duncan

Bankruptcy debtors asserted that a holder of a second mortgage against the debtors' residence was wholly unsecured because the value of the residence was less than the amount due on a first mortgage. The debtors moved to strip off the holder's second mortgage pursuant to 11 U.S.C.S. § 506(d).
Ruling: 
Debtor could not "strip off" second mortgage that was at least partially secured.
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Consumer case opionion summary, case decided on December 17,2008, LexisNexis #0309-080

Ross-Tousey v. Neary (In re Ross-Tousey)

Appellant debtors filed a chapter 7 bankruptcy petition. Appellee, the United States Trustee (UST), moved under 11 U.S.C.S. § 707(b) to dismiss the petition. The bankruptcy court denied the motion, and the District Court for the Eastern District of Wisconsin reversed and remanded. The debtors appealed.
Ruling: 
District court erred in reversing bankruptcy court finding that debtor could take deduction for vehicle owned free and clear.
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Consumer case opionion summary, case decided on December 17,2008, LexisNexis #0109-085

Lodge at Sonterra Ltd. v. PNC Fin. Servs. Group Inc.

Plaintiffs, 23 limited partnerships and an individual, sued defendants, a financial services company, a bank, and two limited liability companies (LLC), in state court. The financial services company and the bank removed the case to federal court pursuant to 28 U.S.C.S. §§ 1334(b) and 1452(a). They moved to transfer the case to bankruptcy court and for an order to implement Local Rule 83.4.1. The partnerships and the LLCs moved to remand.
Ruling: 
Claims related to bankruptcy of management company but that were not core matters remanded to state court.
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Commercial case opionion summary, case decided on December 17,2008, LexisNexis #0209-035

Ira v. Engle (In re Engle)

Plaintiff individual and representative creditors sued defendant chapter 11 debtor, seeking a declaration that certain debts were nondischargeable under 11 U.S.C.S. § 523, as well as a denial of discharge under 11 U.S.C.S. § 727. The debtor moved to dismiss the complaint, strike the creditors' exhibits, and for Fed. R. Civ. P. 11 sanctions. The creditors moved for leave to amend their complaint.
Ruling: 
Dischargeability proceeding filed by group of creditors dismissed where each properly had separate causes of action.
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Consumer case opionion summary, case decided on December 17,2008, LexisNexis #0209-044

Hernandez v. Dorado (In re Dorado)

A chapter 13 trustee objected to the confirmation of a debtor's plan, rebutting the debtor's disposable income determination under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Breach of home construction contract did not give rise to nondischargeable debt.
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Consumer case opionion summary, case decided on December 16,2008, LexisNexis #0209-045

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

In re Brandon

A chapter 13 trustee objected to the confirmation of a debtor's plan, rebutting the debtor's disposable income determination under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Above-median debtor required to commit to plan period of 60 months.
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Consumer case opionion summary, case decided on December 16,2008, LexisNexis #0209-059

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

Lassman v. Hegarty (In re Hegarty)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor seeking to revoke his discharge pursuant to 11 U.S.C.S. § 727(a)(3) or (a)(4)(D). The trustee asserted that the debtor failed to keep and produce or knowingly and fraudulently withheld statements and cancelled checks with respect to two separate bank accounts.
Ruling: 
Debtor's discarding of bank statements due to misunderstanding with trustee was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on December 16,2008, LexisNexis #0309-125

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