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Hernandez v. LaSalle Bank (In re Hernandez)

Pro se bankruptcy debtors brought an adversary proceeding against defendant trustee of a mortgage loan trust alleging that the trustee was not the proper holder of the debtor's mortgage note or assignee of the mortgage, and fraudulently obtained a judgment of foreclosure against the debtors' real property in state court. The trustee moved for summary judgment.
Ruling: 
Bankruptcy court abstained from hearing pro se debtor's challenge to trustee's foreclosure.
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Consumer case opionion summary, case decided on December 14,2010, LexisNexis #0111-101

In re Childs

Debtors filed a petition under chapter 11, one day before they filed a chapter 11 petition on behalf of an LLC they owned, and the court consolidated both cases. The debtors submitted a disclosure statement which described their plan of reorganization, and the United States Trustee (UST) objected to approval of the debtors' disclosure statement and a credit union filed an objection to confirmation of the debtors' plan.
Ruling: 
Small business election revoked as erroneously granted.
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Consumer case opionion summary, case decided on December 13,2010, LexisNexis #0111-063

In re Market Ctr. East Retail Prop.

Debtor filed a petition under chapter 11, and a creditor filed a secured claim against the debtor's bankruptcy estate. In a prior ruling, the court allowed the creditor's claim in part and authorized the creditor to file a supplemental application for reimbursement of attorney fees and costs. The creditor filed a supplemental application for fees and costs, and the debtor filed an objection to the creditor's application.
Ruling: 
Creditor's attorneys' fees allowed with one-third reduction.
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Commercial case opionion summary, case decided on November 30,2010, LexisNexis #1210-112

In re Steele

Debtors, a husband and wife, filed a petition under chapter 7 in December 2009 and converted their case to one under chapter 13 in March 2010. Debtors filed an amended plan for repaying their creditors under chapter 13, and a trustee who was appointed to administer the debtors' chapter 13 bankruptcy estate filed an objection to the plan.
Ruling: 
Plan could not be confirmed due to unnecessary expenses, separate treatment of student loan debt and mathematical errors.
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Consumer case opionion summary, case decided on November 18,2010, LexisNexis #1210-126

Malloy v. Morrison (In re Morrison)

Chapter 7 trustee filed this adversary proceeding against defendant debtors claiming trust funds in a certain trust ("the Trust") as property of the estate. Debtors answered, claiming that the spendthrift provisions contained in the Trust removed the trust funds from the bankruptcy estate, thus placing them outside of the trustee's grasp.
Ruling: 
Trust was not a valid spendthrift trust and was property of the estate where debtor beneficiary could obtain funds on demand.
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Consumer case opionion summary, case decided on November 16,2010, LexisNexis #0111-057

Padilla v. Prestige Fin. (In re Padilla)

Chapter 7 debtor filed an adversary proceeding against defendants, a secured creditor and the creditor's agent, claiming that defendants' actions in repossessing the debtor's vehicle violated the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtor declared bankruptcy. The creditor filed a motion to dismiss the debtor's claims and the agent joined in that motion.
Ruling: 
Repossession of car less than 14 days after grant of relief from stay did not violate stay where debtor did not file timely statement of intention.
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Consumer case opionion summary, case decided on November 16,2010, LexisNexis #1210-078

Swinson v. Fritz (In re Lytle)

Plaintiff trustee sought to set aside a deed conveying the debtors' interest in real estate to defendants as either a preference under 11 U.S.C.S. § 547 or a constructively fraudulent transfer under 11 U.S.C.S. § 548(a)(1)(B).
Ruling: 
Trustee could not set aside transfer of real estate where the transferee held only bare legal title subject to a resulting trust.
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Consumer case opionion summary, case decided on November 12,2010, LexisNexis #0111-059

Williams v. Meyer (In re Williams)

Pro se appellant bankruptcy debtor brought an adversary proceeding against appellee creditors alleging that the creditors violated the discharge injunction of 11 U.S.C.S. § 524(a) by causing a criminal prosecution of the debtor to collect a discharged debt through restitution. The debtor appealed the order of the Bankruptcy Court for the District of Colorado which dismissed the complaint for failure to state a claim.
Ruling: 
Prepetition criminal restitution claim was automatically excepted from discharge.
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Consumer case opionion summary, case decided on November 09,2010, LexisNexis #1210-035

Standard Indus. v. Acquila Inc. (In re C.W. Mining Co.)

Appellants, a debtor's lessor and broker, sought review of an order of the Bankruptcy Appellate Panel affirming a contempt order of the bankruptcy court for appellants' intentional violation of an automatic stay imposed by 11 U.S.C.S. § 362(a). Appellee, the debtor's judgment creditor, had filed an involuntary bankruptcy petition against appellee debtor and filed the motion for contempt against appellants.
Ruling: 
Contempt order against debtor's lessor and broker in favor of judgment creditor affirmed.
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Commercial case opionion summary, case decided on November 08,2010, LexisNexis #1210-003

Buke LLC v. Eastburg (In re Eastburg)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that an alleged debt to the creditor was nondischargeable based on fraud, larceny, and embezzlement. The debtors moved pursuant to 11 U.S.C.S. § 105(a) for an order enjoining the creditor's action in state court to obtain a judgment against the debtor for the same alleged misconduct.
Ruling: 
Bankruptcy court declined to enjoin state court case concerning debt that was subject of nondischargeability proceeding.
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Consumer case opionion summary, case decided on November 04,2010, LexisNexis #1210-036

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