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BellSouth Telcoms LLC v. Halo Wireless Inc.

Defendant filed a motion to transfer the case to the United States Bankruptcy Court for the Eastern District of Texas, where defendant had filed a chapter 11 bankruptcy proceeding and an adversary proceeding. Plaintiff filed a motion to remand.
Ruling: 
Wireless carriers' dispute was properly removed due to one carrier's bankruptcy but remanded due to Public Service Commission's expertise and terms of agreement.
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Commercial case opionion summary, case decided on December 09,2011, LexisNexis #0212-101

Davis v. Bonewicz

Defendant filed a motion to dismiss in plaintiff"s action, which alleged various violations of the Fair Debt Collection Practices Act, 15 U.S.C.S. § 1692 et seq., and the Telephone Consumer Protection Act, 47 U.S.C.S. § 227 et seq.
Ruling: 
Motion to dismiss for failure to disclose cause of action in schedules denied as premature.
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Consumer case opionion summary, case decided on November 18,2011, LexisNexis #1211-051

McCarthy v. Wells Fargo Bank (In re El-Atrari)

Defendant former creditor filed a motion pursuant to 28 U.S.C.S. § 157(d) to withdraw the reference of plaintiff chapter 7 trustee's fraudulent conveyance action.
Ruling: 
Withdrawal of reference of fraudulent conveyance proceeding related to bankruptcy denied.
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Consumer case opionion summary, case decided on November 18,2011, LexisNexis #1211-062

Lee v. ANC Car Rental Corp.

Defendant filed a motion to sever plaintiffs' claims against him and remand to state court pursuant to 28 U.S.C.S. § 1447(c). Plaintiffs opposed the motion to sever and filed a cross- motion to remand to state court without severance.
Ruling: 
Removed wrongful death action remanded to state court as insufficiently related to debtor's post-confirmation bankruptcy.
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Commercial case opionion summary, case decided on November 17,2011, LexisNexis #1211-064

Wells Fargo Bank v. Texas Grand Prairie Hotel Realty LLC (In re Texas Grand Prairie Hotel Realty LLC)

Appellee debtors' reorganization plan was approved by the United States Bankruptcy Court for the Northern District of Texas, Fort Worth Division. Appellant lender sought review.
Ruling: 
Bankruptcy court finding that plan was proposed in good faith was not clearly erroneous.
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Commercial case opionion summary, case decided on November 08,2011, LexisNexis #1111-129

Shokohi v. JP Morgan Chase Bank

Plaintiff debtor sued defendant credit card company for allegedly failing to properly credit a payment, charging a late fee, reporting a default, and reducing his line of credit. The company moved to dismiss on the ground that the debtor failed to disclose the claim as an asset during his Chapter 7 bankruptcy proceeding.
Ruling: 
Debtor could not pursue undisclosed action against credit card company.
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Consumer case opionion summary, case decided on November 08,2011, LexisNexis #1111-122

Miller v. Kelly

Plaintiff bankruptcy debtor sued defendant for libel. After the claim was dismissed for failure to prosecute, defendant moved for attorney's fees and sanctions. The debtor moved to postpone or strike defendant's motion as barred by the automatic stay under 11 U.S.C.S. § 362.
Ruling: 
Motion for attorneys' fees and sanctions subject to thirty day stay in debtor's second bankruptcy case.
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Consumer case opionion summary, case decided on November 04,2011, LexisNexis #1111-110

Union Trust Phila. LLC v. Singer Equip. Co. (In re Union Trust Phila. LLC)

Plaintiff Chapter 11 debtor filed a motion in the United States Bankruptcy Court for the Eastern District of Pennsylvania under 11 U.S.C.S. § 105(a) to enjoin state court proceedings brought by defendant against third-party non-debtors. The bankruptcy court entered a preliminary injunction. Defendant appealed.
Ruling: 
Injunction on state court proceedings against third party non-debtors related to debtor's bankruptcy affirmed.
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Commercial case opionion summary, case decided on November 03,2011, LexisNexis #1111-106

Brown v. Fargo

Plaintiff debtor sued defendants, including the holder of a home loan promissory note, in North Carolina state court for breach of contract and other claims. The note holder removed the action. After the debtor filed a bankruptcy petition, the holder moved to transfer venue pursuant to 28 U.S.C.S. § 1404(a).
Ruling: 
Case regarding refinance and distribution of funds transferred as related to debtor's bankruptcy.
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Consumer case opionion summary, case decided on November 03,2011, LexisNexis #1111-137

Development Specialists Inc. v. Akin Gump Strauss Hauer & Feld LLP

Plaintiff Chapter 11 plan administrator brought adversary proceedings against defendant law firms in the United States Bankruptcy Court for the Southern District of New York, alleging that defendants were liable to the debtor under the unfinished business doctrine. After the bankruptcy court denied defendants' motion to dismiss, defendants filed a motion in district court to withdraw the bankruptcy reference.
Ruling: 
Reference of state law actions against firms for proceeds of unfinished business continued by debtor's former partners withdrawn for lack of jurisdiction.
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Commercial case opionion summary, case decided on November 02,2011, LexisNexis #1111-140

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