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In re Clearpoint Bus. Res. Inc.

Debtors moved to enjoin an alleged violation of the automatic stay by a contracting party. Debtors invoked 11 U.S.C.S. §§ 105, 362, 541 to halt the contracting party's claim that pre-petition agreements between debtors and the contracting party terminated by their own terms and therefore the automatic stay was not implicated. A hearing was held.
Ruling: 
Termination of agreement based on amendments thereto did not violate stay.
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Commercial case opionion summary, case decided on December 30,2010, LexisNexis #0111-107

Fitness Intl LLC v. Buttermilk Towne Ctr. LLC (In re Buttermilk Towne Ctr. LLC)

Lessee sought a declaratory judgment permitting it to offset its post-rejection rent obligations to defendant, a chapter 11 debtor that leased retail space to the lessee, under a pre- petition subordination agreement pursuant to 11 U.S.C.S. § 510(a).
Ruling: 
Creditor lessee could not offset rent obligations under rejected lease.
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Commercial case opionion summary, case decided on December 30,2010, LexisNexis #0211-017

In re 1601 W. Sunnyside 106 LLC

Debtor limited liability company ("LLC") filed a petition under chapter 11, and it asked the court by motion to find that a bank and the bank's servicing agent violated 11 U.S.C.S. § 362 when they foreclosed on property the LLC owned several months after the LLC declared bankruptcy, and to award the LLC damages, attorneys' fees, and costs for that violation. Only the servicing agent responded to the LLC's motion.
Ruling: 
Debtor LLC awarded fees and costs for creditors' postpetition foreclosure in violation of stay.
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Commercial case opionion summary, case decided on December 30,2010, LexisNexis #0211-005

Landau & Assocs. P.C. v. Fricke (In re Fricke)

Law firm asserted, through its complaint against defendant debtor filed May 18, 2010, that its legal fees were non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(5) or (15). The law firm was counsel for debtor's wife in a dissolution of marriage. The law firm's complaint was pending judgment following trial.
Ruling: 
Award of attorneys' fees to debtor's former spouse in dissolution proceeding was a nondischargeable domestic support order.
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0211-023

Swift Fin. v. Sass (In re Sass)

According to plaintiff bank, it suffered damages of $21,426 as a result of defendant debtor's fraudulent actions relating to a loan application. The bank sought a judgment in that amount as well as a declaration that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) as one for money obtained by false pretenses, false representations, and actual fraud. Debtor moved to dismiss the amended complaint under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Debtor's oral telephonic statements respecting financial condition could not be basis for nondischargeability.
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0211-022

Martinez v. Hutton (In re Harwell)

Appellant Chapter 7 trustee filed a fraudulent transfer complaint against appellant attorney under 11 U.S.C.S. §§ 548(a)(1)(A) and 550(a)(1). A bankruptcy court granted summary judgment for the attorney, and the United States District Court for the Middle District of Florida affirmed. The trustee appealed.
Ruling: 
Summary judgment in favor of attorney transferee reversed absent findings regarding control of funds or bad faith.
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0111-105

In re Roberts

A Chapter 7 trustee filed an objection to a debtor's claim of a homestead exemption on the grounds that she abandoned her homestead under Iowa law. The trustee also argued that the debtor was not entitled to use the Iowa homestead exemption extraterritorially for California property.
Ruling: 
Trustee's objection to debtor's homestead exemption overruled as untimely raised.
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0111-139

SJI Inc. v. Staehnke (In re SJI Inc.)

Defendants filed a claim for $86,221, arising from remodeling by plaintiff debtor. Debtor objected and counterclaimed for breach of contract in the amount of $146,000, for additional unpaid materials and labor provided and performed. The counterclaim also alleged debtor was owed $248,465, based upon quantum meruit, plus interest, costs, disbursements, and fees. Defendants sought abstention by the court in liquidating the claim and counterclaim.
Ruling: 
Bankruptcy court declined to abstain from hearing fact driven contract claim based on well settled law.
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Commercial case opionion summary, case decided on December 29,2010, LexisNexis #0111-138

In re Geo. W. Park Seed Co.

Movant creditor sought the allowance and payment of an administrative super-priority claim, under 11 U.S.C.S. § 507(a) and (b), on the basis that the adequate protection provided by the trustee for its claim secured by cash collateral had failed, causing it to suffer loss in its secured position. The chapter 11 trustee objected, asserting the creditor had released any such claim in a settlement agreement.
Ruling: 
Administrative super priority claim disallowed as released in settlement agreement.
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Commercial case opionion summary, case decided on December 29,2010, LexisNexis #0311-116

In re Palmas del Mar Country Club Inc.

This case was before the court on debtor's objection to the priority status of Proofs of Claim filed by five claimants. The claimants filed oppositions to the objection.
Ruling: 
Claims for return of club membership "deposits" that were not treated as security of held in trust were not entitled to priority status.
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Commercial case opionion summary, case decided on December 29,2010, LexisNexis #0211-076

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