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In re Anthony

Ruling: 
Objection to lien claim dismissed without prejudice for not having been brought as an adversary proceeding.
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Consumer case opionion summary, case decided on July 20,2015, LexisNexis #0815-138

In re St. Louis

Ruling: 
Order sustaining objection to proof of claim vacated due to improper service upon creditor.
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Consumer case opionion summary, case decided on August 21,2013, LexisNexis #0913-069

Watson v. TSC Global LLC (In re TSC Global)

Ruling: 
Debtor's former employee could bring WARN Act claim in an adversary proceeding.
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Commercial case opionion summary, case decided on June 26,2013, LexisNexis #0913-032

Zebley v. Hart (In re Hart)

Before the court was plaintiff Trustee's Complaint to compel turnover against defendants, debtor and a bank. The Trustee asserted that, despite a Turnover Order, debtor had only turned over to the Trustee a fraction of the amount required. Trial was held on the Complaint.
Ruling: 
Order to compel turnover by debtor granted due to noncompliance with original order.
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Consumer case opionion summary, case decided on September 26,2012, LexisNexis #1012-105

Ferry Rd. Props. v. RL BB ACQ II-TN LLC (In re Ferry Rd. Props.)

Plaintiff, chapter 11 debtor, brought an adversary complaint objecting to the claim of defendant secured creditor, seeking a determination of the validity, priority, and extent of the creditor's lien rights. The creditor had foreclosed on debtor's commercial real property, and sought the proceeds of debtor's state court tort action for damages to the real property and loss of business income. The parties cross-moved for summary judgment.
Ruling: 
Tort judgment for injury to real property in favor of debtor was proceeds of property and subject to mortgagee's lien claim.
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Commercial case opionion summary, case decided on September 07,2012, LexisNexis #1012-069

Jefferson v. Community Bank (In re Jefferson)

Plaintiff chapter 13 debtors filed an adversary proceeding against defendant bank, pursuant to Fed. R. Bankr. P. 7001(2), seeking a determination of the validity, priority, or extent of a lien the bank held on real property the debtors owned. The bank filed a motion to dismiss.
Ruling: 
Adversary proceeding in debtor's second case could proceed as similar proceeding in first case was not litigated and did not give rise to res judicata.
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Consumer case opionion summary, case decided on June 21,2012, LexisNexis #0912-140

Monroe Capital Inc. v. Frumusa (In re Frumusa)

Plaintiff servicing agent commenced an adversary proceeding against defendants, debtor and two other individuals, pursuant to Fed. R. Bankr. P. 7001(2), to have the court determine the owner of the membership interests in a certain limited liability company (LLC).
Ruling: 
Membership interests in limited liability company, owned 100 percent by debtor on petition date, were property of the estate.
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Consumer case opionion summary, case decided on April 14,2010, LexisNexis #0610-136

In re Forrest

Before the court for confirmation was debtor's modified chapter 13 plan and a creditor's objection thereto.
Ruling: 
Chapter 13 debtor could not strip off a junior mortgage without bringing an adversary proceeding.
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Consumer case opionion summary, case decided on September 16,2009, LexisNexis #1009-059

In re Kemp

A chapter 13 debtor filed a motion to reclassify a creditor's unsecured second mortgage on the debtor's residence as an unsecured claim.
Ruling: 
Adversary proceeding not necessary for reclassification of mortgage claim for stripping purposes.
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Consumer case opionion summary, case decided on July 17,2008, LexisNexis #0808-089

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