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In re Lively

After a bankruptcy court preliminarily announced that it would deny confirmation of a chapter 11 individual plan for violating 11 U.S.C.S. § 1129(b)(2)(B)(ii), it allowed briefings on the question of whether the Bankruptcy Abuse and Consumer Protection Act of 2005 (BAPCPA) abrogated the absolute priority rule for individual chapter 11 cases.
Ruling: 
Confirmation denied due to continued operation of absolute priority rule.
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Consumer case opionion summary, case decided on December 30,2011, LexisNexis #0212-030

In re H.T. Pueblo Props. LLC

Movant, the principal secured creditor, filed a motion for relief from the automatic stay, and a motion for adequate protection, under 11 U.S.C.S. §§ 361-363, against chapter 11 debtor in possession, whose sole asset was a Ramada Inn motel.
Ruling: 
Relief from stay granted as debtor had no reasonable prospect of reorganization or providing adequate protection.
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Commercial case opionion summary, case decided on December 30,2011, LexisNexis #0212-007

In re Strojny

Debtors, an attorney and his wife, declared chapter 13 bankruptcy in 2008, but converted their case to one under chapter 7 of the Bankruptcy Code in March 2010. The debtors received a discharge in July 2010, and in June 2011, a former client of the male debtor filed a motion pursuant to 11 U.S.C.S. § 350 for an order reopening the debtors' case. The debtors opposed the motion, and the debtors and client filed cross-motions for summary judgment.
Ruling: 
Added creditor's motion to reopen debtor's case to file a nondischargeability proceeding denied due to failure to object prior to court imposed deadline.
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Consumer case opionion summary, case decided on December 29,2011, LexisNexis #0212-017

In re Moore

Chapter 13 debtors filed a motion to avoid a judicial lien against funds frozen in an account in favor of a creditor under 11 U.S.C.S. § 522(f)(1)(A). The creditor asserted that its interest did not constitute a judicial lien and therefore could not be avoided.
Ruling: 
Debtor could avoid judicial lien on funds frozen in account in favor of creditor.
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Consumer case opionion summary, case decided on December 29,2011, LexisNexis #0212-016

In re Hasselbach

After objections were filed to a creditor's claims for arrearages, the creditor amended its proof of claim and reduced the amount to match the total of the state court records.
Ruling: 
Creditor ordered to provide explanation for discrepancy between costs claimed in proof of claim and state court records.
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Consumer case opionion summary, case decided on December 29,2011, LexisNexis #0212-002

Villareal v. Morales (In re Villareal)

Chapter 13 debtors sought to set aside a tax foreclosure sale of the debtors' homestead pursuant to 11 U.S.C.S. § 544(a)(3).
Ruling: 
Debtor could avoid tax foreclosure sale of homestead where deed was not recorded prior to petition date.
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Consumer case opionion summary, case decided on December 28,2011, LexisNexis #0212-025

Wilson v. Wasson Nursery Inc. (In re Wilson)

Debtor filed its Motion for Summary Judgment with respect to the first claim of his three claims, the alleged willful violation of the discharge injunction. Defendant was a creditor.
Ruling: 
Unlisted creditor's attempt to collect debt discharged in no asset case violated discharge injunction.
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Consumer case opionion summary, case decided on December 28,2011, LexisNexis #0212-021

Central States Southeast & Southwest Areas Pension Fund v. SCOFBP LLC

The U.S. District Court for the Northern District of Illinois held here that defendant two solvent affiliates of defendant insolvent employer, that incurred withdrawal liability to plaintiff fund, were both trades or businesses that were under common control with the insolvent employer at all relevant times so that both were liable for the employer's withdrawal liability. Defendants appealed.
Ruling: 
Companies that were part of debtor's estate were under common control of debtor and liable for debtor's withdrawal liability.
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Commercial case opionion summary, case decided on December 27,2011, LexisNexis #0112-105

In re OBrien

A chapter 11 debtor sought an order authorizing him to use collateral and cash collateral and granting adequate protection to creditors.
Ruling: 
Debtor authorized to use cash collateral to continue operation of business.
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Consumer case opionion summary, case decided on December 24,2011, LexisNexis #0212-047

Shriners Hosp. for Children v. Bauman (In re Bauman)

Creditor filed an amended complaint against chapter 7 debtor seeking a determination barring dischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(4) and (a)(6). The debtor moved to dismiss the complaint for failure to state a claim upon which relief could be granted under Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012 or , in the alternative, for summary judgment under Fed. R. Civ. P. 56 and Fed. R. Bankr. P. 7056.
Ruling: 
Debtor executor's failure to notify beneficiary under prior will of the terms of final will after decedent's death was not fiduciary defalcation that would lead to nondischargeability.
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Consumer case opionion summary, case decided on December 23,2011, LexisNexis #0212-055

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