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In re Western Healthcare LLC

A Chapter 11 debtor leased assisted living facilities. After the debtor filed its petition for relief, the lessor filed a motion for relief from the automatic stay to allow it to take possession of the facilities.
Ruling: 
Lessor granted relief from stay to take possession of property for which debtor's lease had expired.
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Commercial case opionion summary, case decided on December 09,2010, LexisNexis #0111-117

In re Rowland

Plaintiff Chapter 7 trustee filed a motion for summary judgment in his action against defendant debtor, which sought denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(2), (3), and (4)
Ruling: 
Discharge denied due to false schedules and testimony and transfer to insider with intent to hinder, delay or defraud creditors.
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Consumer case opionion summary, case decided on December 09,2010, LexisNexis #0111-025

Branch Bank & Trust Co. v. DelFosse (In re DelFosse)

Plaintiff bank filed a complaint and defendant debtors answered the complaint. At issue was whether a certain parcel of real estate was property of the estate under 11 U.S.C.S. § 541(a)(1). The debtors created a living trust. One debtor was the primary beneficiary. Acting as trustee for the trust, the debtors acquired fee simple legal title to the property pursuant to a deed from a Virginia general partnership (Trust Deed-In).
Ruling: 
Real estate held by revocable living trust of which debtor was a trustor and primary beneficiary was property of the estate.
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Consumer case opionion summary, case decided on December 09,2010, LexisNexis #0211-058

Minnesota v. Moretto (In re Moretto)

Appellant Chapter 7 debtor sought judicial review of the United States Bankruptcy Court for the District of Minnesota' entry of summary judgment in favor of appellee creditor, the State of Minnesota (State). The State had filed a complaint against the debtor to determine the dischargeability of a stipulated restitution judgment debt that she owed to the State.
Ruling: 
Stipulated restitution judgment was properly held nondischargeable.
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Consumer case opionion summary, case decided on December 09,2010, LexisNexis #0111-009

In re Chez

Following the debtor's complaints about the services provided her by her attorney of record, the court issued an order to show cause why attorney's fees should not be disgorged and requiring attendance of the debtor and her chapter 7 counsel at a hearing.
Ruling: 
Attorneys' fees ordered disgorged as not properly disclosed.
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Consumer case opionion summary, case decided on December 09,2010, LexisNexis #0111-039

In re Alletto

Debtor filed a petition under chapter 7, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed a motion for an order compelling the debtor to turn over money she received from an attorney who settled a personal injury claim, requiring the debtor and the attorney to turn over all documents pertaining to the debtor's claim, and requiring the attorney to disgorge his fees and expenses.
Ruling: 
Debtor and attorney ordered to turn over proceeds of personal injury settlement that was not submitted to bankruptcy court for approval.
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Consumer case opionion summary, case decided on December 09,2010, LexisNexis #0111-040

In re JMK Constr. Group Ltd.

A jury sitting in the U.S. District Court for the Southern District of New York returned a verdict against debtors, a corporation and three individuals, and the debtors declared Chapter 11 bankruptcy and sought permission under 11 U.S.C.S. § 327 to hire a law firm, special litigation counsel, and an accountant to represent them in their bankruptcy cases. The United States Trustee and a judgment creditor opposed the debtors' requests.
Ruling: 
Debtors could not seek to retain joint counsel or accountants where possible contribution claim created conflict.
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Commercial case opionion summary, case decided on December 09,2010, LexisNexis #0111-001

Sherwood Invs. Overseas Ltd. Inc. v. Royal Bank of Scotland (In re Sherwood Invs. Ltd. Inc.)

Debtor, a British Virgin Islands corporation, filed an adversary proceeding against defendant bank, which filed a motion to dismiss the proceeding for forum non conveniens. It argued that the case should be refiled in London.
Ruling: 
British Virgin Islands corporation that filed for bankruptcy in a proper U.S. court could file adversary proceeding against British bank in the same court.
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Commercial case opionion summary, case decided on December 09,2010, LexisNexis #0211-031

Swift Fin. Corp. v. Matera (In re Matera)

Defendant debtor filed a motion for judgment as a matter of law in plaintiff creditor's action, which alleged that debt owed to it by the debtor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Representations in debtor's oral responses into creditor lender's computer database did not constitute a "written statement" and were not grounds for nondischargeability.
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Consumer case opionion summary, case decided on December 08,2010, LexisNexis #0111-123

DeAngelis v. Shores (In re Shores)

U.S. Trustee (UST) filed a motion to dismiss the bankruptcy petition of respondent debtors, alleging that the totality of their financial circumstances demonstrated an abuse of chapter 7 under 11 U.S.C.S. § 707(b)(3).
Ruling: 
Case ordered converted or dismissed for abuse based on totality of the circumstances.
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Consumer case opionion summary, case decided on December 08,2010, LexisNexis #0211-026

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