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In re Patel

Movant bank, a secured creditor of a debtor, asked the court to set aside an earlier stipulation between the bank and debtor providing for the treatment of its claim in debtor's chapter 11 plan, which plan was later confirmed. The stipulation's execution essentially mooted debtor's motion to value certain real property. Issues included whether relief was available under Fed. R. Civ. P. 60, rendered applicable by Fed. R. Bankr. P. 9024.
Ruling: 
Bank not entitled to set aside stipulation for treatment of claim based on later, higher appraisal.
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Consumer case opionion summary, case decided on June 15,2012, LexisNexis #0712-102

In re TP Inc.

The chapter 11 trustee sought to modify, amend, or set aside a consent order entered for the benefit of creditor mortgagee, pursuant Fed. R. Civ. P. 60(b)(1), (2), (3), and (6), made applicable to bankruptcy cases by Fed. R. Bankr. P. 9024. The consent order modified the automatic stay to allow the creditor to proceed with foreclosure on certain of the debtor's properties.
Ruling: 
Consent order allowing company to foreclose set aside to prevent irreparable harm to estate.
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Commercial case opionion summary, case decided on June 12,2012, LexisNexis #0712-034

Moore v. Delta Cmty. Credit Union (In re Moore)

Before the court was the Motion to Reconsider the Court's Final Order Resolving the Adversary Proceeding filed by defendant creditor. Plaintiff debtors opposed the Motion.
Ruling: 
Reconsideration of order resolving adversary proceeding granted on grounds of excusable neglect and limited delay or prejudice.
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Consumer case opionion summary, case decided on March 06,2012, LexisNexis #0612-139