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Swanson v. M&I Marshall (In re Vission Inc.)

A debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff filed an action against defendant, a limited liability company (LLC) to avoid a lien given to the LLC, pursuant to 11 U.S.C.S. §§ 544 and 547, asserting that the transfer was preferential. The court issued findings and facts and conclusions of law. The trustee sought judgment on the pleadings.
Ruling: 
Lien that was perfected during preference period could be avoided.
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Commercial case opionion summary, case decided on December 10,2008, LexisNexis #0309-083

Scully v. Danzig (In re Valley Food Servs. LLC)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant and third-party plaintiff guarantor of obligations owed to third-party defendant bank by a bankruptcy debtor, and the guarantor asserted that the bank improperly manipulated perfection of security interests which subjected the guarantor to preference liability. The bank moved to dismiss the third-party complaint for lack of jurisdiction.
Ruling: 
Claim that would not have effect on bankruptcy case was not within bankruptcy court jurisdiction or supplemental jurisdiction.
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Commercial case opionion summary, case decided on December 09,2008, LexisNexis #0309-134

Goldberg v. Clay (In re Smith)

Plaintiff chapter 7 trustee sought the disgorgement of a referral fee received in the post-petition period by defendant, chapter 7 debtor's bankruptcy attorney, on the grounds that the fee was received in violation of 11 U.S.C.S. § 504(a).
Ruling: 
Referral fee paid to debtor's attorney upon settlement of debtor's civil action ordered disgorged.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0109-067

Neary v. Guillet (In re Guillet)

Plaintiff United States trustee filed a complaint against defendant chapter 7 debtors, a husband and wife, seeking to deny the entry of a chapter 7 discharge pursuant to 11 U.S.C.S. § 727(a)(2), § 727(a)(3), or § 727(a)(5).
Ruling: 
Debtor's questionable transfers of funds to Nigeria were not grounds for denial of discharge absent evidence of intent to defraud creditors.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0109-069

Antognoni v. Basso (In re Basso)

Debtor appealed from an order of the Bankruptcy Court for the District of Massachusetts that denied his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) and sustained plaintiff creditor's objection to his homestead exemption. The court denied the debtor's discharge under the continuous concealment doctrine, and denied the homestead exemption because he had filed the declaration of homestead in violation of a state court order.
Ruling: 
Denial of discharge on theory of "continuing concealment" reversed as homestead declaration announced, rather than hid, interest in property.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0309-034

Clark v. Wilmoth (In re Wilmoth)

Chapter 7 trustee, appealed the Bankruptcy Court for the Western District of Arkansas order which overruled the trustee's objection to debtor's claim of exemptions. The trustee claimed that the bankruptcy court erred in finding that debtor had no intent to hinder, delay or defraud creditors. The case implicated the Arkansas homestead exemption, Ark. Const. art. 9, § 3 and 11 U.S.C.S. § 522(o).
Ruling: 
Bankruptcy court properly overruled trustee's objection to debtor's claimed exemptions absent extrinsic evidence of intent to hinder, delay or defraud creditors via debtor's pre-bankruptcy planning.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0209-115

In re Sentinel Mgmt. Group

Several creditors of a chapter 11 debtor contested the confirmation of the debtor's amended plan of liquidation.
Ruling: 
Investment advisement company's plan confirmed over trustee's objection to treatment of customers.
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Commercial case opionion summary, case decided on December 08,2008, LexisNexis #0209-052

In re Johnson

The debtors filed for relief under chapter 7. The United States Trustee filed a motion to dismiss the case under 11 U.S.C.S. § 707(b)(3).
Ruling: 
Excess secured debt on debtor's primary residence did not preclude relief in consumer case.
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Consumer case opionion summary, case decided on December 08,2008, LexisNexis #0409-056

In re Almonte

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to confirmation of the debtor's chapter 13 plan, arguing, inter alia, that the plan could not be confirmed under 11 U.S.C.S. § 1325 because the debtor did not include credit card cash advances he received before he declared bankruptcy as part of his current monthly income (CMI).
Ruling: 
Credit card cash advances did not need to be included in projected disposable income calculation.
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Consumer case opionion summary, case decided on December 08,2008, LexisNexis #0109-063

Richardson v. Preston (In re Antex Inc.)

Defendant transferee appealed a decision of the Bankruptcy Court for the District of Rhode Island that granted summary judgment in favor of plaintiff chapter 7 trustee, on his fraudulent transfer complaint.
Ruling: 
Bankruptcy court properly avoided transfer on basis that recipient, not paying corporate officer, was initial transferee.
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Commercial case opionion summary, case decided on December 08,2008, LexisNexis #0309-033

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