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Fickes v. Tyrone Hosp.

Defendant debtor filed a second motion for summary judgment in plaintiff employee's action to collect on a judgment; the debtor claimed that the action was discharged in its bankruptcy pursuant to 11 U.S.C.S. § 524(a)(2).
Ruling: 
Age discrimination claim was discharged due to creditor's failure to file proof of claim.
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Commercial case opionion summary, case decided on October 29,2010, LexisNexis #1110-123

Quinones v. MSA Records Inc.

Plaintiffs filed a request for summary judgment, the entry of default judgment, and a determination of the recoverable damages claimed by them in their action against defendants, music company, its conjugal partnerships, insurers, and an individual.
Ruling: 
Damages award was to be offset by payments received by plaintiff creditor under chapter 13 plan.
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Consumer case opionion summary, case decided on October 29,2010, LexisNexis #1110-110

Roman v. Bank of N.Y.

Debtor's husband filed a pro se appeal of a bankruptcy court order relieving appellee bank from the automatic stay imposed under 11 U.S.C.S. § 362; the husband claimed that the order was invalid because the debtor did not approve of a stipulation between the debtor's counsel and the bank.
Ruling: 
Debtor's spouse lacked standing to appeal order for relief from stay in favor of bank.
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Consumer case opionion summary, case decided on October 22,2010, LexisNexis #1110-075

Puello v. Citifinancial Servs.

After plaintiffs, two debtors and a third individual, filed the instant putative class action, the debtors filed a chapter 7 bankruptcy petition under the U.S. Bankruptcy Code, 11 U.S.C.S. § 101 et seq. Before the court was the bankruptcy trustee's motion to be substituted for the debtors as the real party in interest and the trustee's motion for voluntary dismissal of the debtors' claims with prejudice pursuant to Fed. R. Civ. P. 41(a)(2).
Ruling: 
Estate substituted for debtors as real party in interest in putative class action and debtors' individual claims voluntarily withdrawn.
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Consumer case opionion summary, case decided on April 16,2010, LexisNexis #0610-124

Speth v. Whitham Farms Feedyard LP (In re Sunbelt Grain WKS LLC)

In a chapter 7 adversary proceeding, appellant creditor challenged a ruling of the U.S. Bankruptcy Court for the District of Kansas granting summary judgment to appellee bank and finding that the bank's security interest in the debtor's grain inventory was superior to that of the creditor. The debtor operated storage facilities that it used in buying and storing grain for farmers.
Ruling: 
Bankruptcy court properly held that equitable subordination did not apply to give buyer superior interest to bank.
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Commercial case opionion summary, case decided on March 31,2010, LexisNexis #0610-048

Turner v. Boyle

Defendant president of a corporation as to which chapter 7 bankruptcy proceedings were filed moved to immediately withdraw reference of the case from the bankruptcy court after the trustee for plaintiff bankruptcy estate filed an adversary petition against the president alleging breach of duty of loyalty, lack of good faith, breach of duty of care, and breach of contract.
Ruling: 
Motion to withdraw reference of trustee's proceeding against debtor's president denied without prejudice to renewal when ready for trial.
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Consumer case opionion summary, case decided on March 29,2010, LexisNexis #0610-032

Wolfe v. Greentree Mortg. Corp.

Plaintiff debtor filed a voluntary petition in bankruptcy. The debtor then sued defendants, corporations, and alleged unconscionable inducement of the loan, misconduct by a notary public, breach of contract, estoppel preventing foreclosure on the loan, illegal debt collection, and illegal return of payment. The action sought, inter alia, invalidation of the deed of trust and damages. The corporations removed the case. The debtor moved to remand.
Ruling: 
Mandatory abstention not applicable to core proceeding for invalidation of deed of trust.
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Consumer case opionion summary, case decided on January 26,2010, LexisNexis #0210-131

Wright v. Guess

Plaintiff former employee sued defendant former employer's executive director, arguing that while acting in his official capacity, he violated 42 U.S.C.S. § 1983 by terminating her for exercising her constitutional right to free speech. The executive director moved to dismiss for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1) and (h)(3), or alternatively, Fed. R. Civ. P. 12(c).
Ruling: 
Employment discrimination cause of action dismissed as not disclosed in debtor's bankruptcy.
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Consumer case opionion summary, case decided on January 25,2010, LexisNexis #0210-119

Perry v. Florida Trucking Co.

Plaintiffs, husband and wife removed their state court personal injury action to federal court under 28 U.S.C.S. §§ 1334(b) and 157(b)(5) and described the action as a civil action related to a bankruptcy case under 28 U.S.C.S. § 1334(b). The husband and wife contended that defendants, corporations, were closely related subsidiaries jointly proceeding with bankruptcy under the same filing. The corporations moved to remand.
Ruling: 
Non-core personal injury action remanded to state court absent independent basis for federal jurisdiction and given ability of state court to adjudicate in timely manner.
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Commercial case opionion summary, case decided on January 21,2010, LexisNexis #0310-103

Dwight v. TitleMax of Tenn. Inc.

Plaintiffs, borrowers, initiated a state action against defendant corporation and sought damages under Tenn. Code Ann. § 45-15-111, § 45-2-210, and § 47-18-101 et seq. The borrowers were granted class action certification. The corporation filed a notice of filing of bankruptcy in the state action and a notice of removal under 28 U.S.C.S. §§ 1334, 1446, 1452, and 157(e). The corporation sought to transfer the matter. The borrowers moved to remand.
Ruling: 
State class action removed and transferred to district court where defendant's bankruptcy was pending.
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Commercial case opionion summary, case decided on January 21,2010, LexisNexis #0210-132

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