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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

In re Caribbean Petroleum Corp.

Defendant filed, pursuant to 28 U.S.C.S. § 1452(a), notices of removal of negligence actions filed against it and Chapter 11 debtors by plaintiffs in the commonwealth court. Plaintiff filed a motion for remand pursuant to § 1452(b).
Ruling: 
Negligence action based on Puerto Rican law that would have no impact on restructuring remanded to commonwealth court.
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Commercial case opionion summary, case decided on December 23,2010, LexisNexis #0211-137

In re Gonsalves

The Chapter 7 debtor filed a motion for determination that his severance pay was exempt under 11 U.S.C.S. § 522(d)(10)(C) or (E). The trustee objected to the motion, arguing that the debtor was not entitled to exempt the severance pay because the benefits were not based on length of service and because the company that acquired the debtor's employer offered the debtor a job. The court held an evidentiary hearing.
Ruling: 
Severance benefits were exempt despite successor company's offer of employment.
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Consumer case opionion summary, case decided on December 21,2010, LexisNexis #0111-079

Kapolis v. Heidenrich (In re Heidenrich)

Plaintiff judgment creditors, a brother and sister, sought a determination under 11 U.S.C.S. § 523(a)(2)(A) of the dischargeability of their prepetition judgment against defendant debtor.
Ruling: 
Debtor general contractor's allegedly misleading references were insufficient grounds for nondischargeability.
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Consumer case opionion summary, case decided on December 20,2010, LexisNexis #0111-083

In re Manguai

After movants filed a motion to convert the Chapter 13 case filed by debtors, a married couple, to a Chapter 7 case on allegations of bad faith, debtors sought a voluntary dismissal of the Chapter 13 case. At issue was whether 11 U.S.C.S. § 1307 afforded debtors an absolute right to voluntarily dismiss the Chapter 13 despite the pendency of the motion and whether 11 U.S.C.S. § 349 authorized the imposition of conditions on the dismissal.
Ruling: 
Voluntary dismissal of chapter 13 granted despite pendency of motion to convert, but with one-year refiling bar.
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Consumer case opionion summary, case decided on December 20,2010, LexisNexis #0111-097

In re Rosado

Creditors filed a motion to dismiss a debtor's chapter 7 case under 11 U.S.C.S. § 707(a).
Ruling: 
Chapter 7 case dismissed for bad faith based on totality of circumstances.
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Consumer case opionion summary, case decided on November 30,2010, LexisNexis #0111-061

In re DaRosa

A bank sought relief from stay under 11 U.S.C.S. § 362(d), and the court denied the motion for failure to provide an acceptable basis for valuation of the chapter 7 debtor's real property. The bank filed a motion for reconsideration.
Ruling: 
Relief from stay granted upon reconsideration based on local real estate agent's valuation showing no equity in encumbered property.
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Consumer case opionion summary, case decided on November 17,2010, LexisNexis #1210-109

McDermott v. FIA Card Servs. (In re McDermott)

Defendants, a creditor, its counsel, and counsel's law firm, moved to dismiss plaintiff debtor's adversary proceeding, which sought damages, costs, and attorneys' fees for harm the debtor alleged he suffered as a result of defendants' commencement of a nondischargeability action without any intention to prosecute that action. Defendants also moved for an award of sanctions and costs in an unspecified amount pursuant to Fed. R. Bankr. P. 9011.
Ruling: 
Creditor's filing of nondischargeability proceeding without intention of going to trial was not actionable.
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Consumer case opionion summary, case decided on November 08,2010, LexisNexis #1210-066

In re Bloomenstein

A Chapter 7 debtor sought to exempt earned but unpaid wages under 11 U.S.C.S. § 522(b). The trustee objected. The parties submitted briefs on the applicability of 15 U.S.C.S. § 1673, part of the Consumer Credit Protection Act, 15 U.S.C.S. §§ 1671 - 1677, as a source of an exemption in earned but unpaid wages.
Ruling: 
Limitation on wage garnishment in Consumer Credit Protection Act was not applicable in bankruptcy.
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Consumer case opionion summary, case decided on November 05,2010, LexisNexis #1210-047

In re Net-Velzquez

Plaintiff bankruptcy trustee filed an adversary proceeding challenging defendant's garnishment of funds in the bank account of a corporation wholly owned by the Chapter 7 debtor and his wife. Defendant appealed from the U.S. District Court for the District of Puerto Rico's affirmance of a bankruptcy court judgment in favor of the bankruptcy trustee.
Ruling: 
Avoidance of garnishment as preferential transfer upheld.
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Consumer case opionion summary, case decided on November 02,2010, LexisNexis #1110-128

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