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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

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

In re Garvin

Creditor sought rehearing and reconsideration of the court's order approving modification of debtor's second amended chapter 13 plan via a determination that Fed. R. Bankr. P. 9024 allowed relief from a confirmation order for any reason listed in Fed. R. Civ. P. 60(b). Movant ultimately sought relief from the order based on excusable neglect.
Ruling: 
Relief from confirmation denied absent fraud.
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Consumer case opionion summary, case decided on September 22,2011, LexisNexis #1211-034

In re Alexander

Chapter 7 debtor filed pro se motions to compel the trustee to file an adversary proceeding against debtor's former bankruptcy attorney, to vacate an order of abandonment by the trustee of alleged malpractice claims against various counsel, to compel the U.S. Trustee's Office to provide debtor with a copy of a complaint review, and to appoint a new trustee.
Ruling: 
Motion to vacate order for abandonment of legal malpractice claims denied as untimely.
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Consumer case opionion summary, case decided on August 17,2011, LexisNexis #0911-030

Erdmann v. Charter One Bank (In re Erdmann)

Defendant creditor filed a motion for summary judgment in plaintiff Chapter 13 debtors' adversary proceeding, which sought to avoid the creditor's junior mortgage lien on the debtors' residence. The creditor also filed a motion to vacate the order of confirmation entered in the underlying bankruptcy case as to the section in the plan that provided for the avoidance of its lien.
Ruling: 
Confirmation voided due to failure to provide creditors with opportunity to object to proposed avoidance of liens.
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Consumer case opionion summary, case decided on March 10,2011, LexisNexis #0411-068

In re Langley

Chapter 7 trustee filed a motion to revoke abandonment of real property under Fed. R. Civ. P. 60(b), incorporated by Fed. R. Bankr. P. 9024, and to allow the sale of the property free of any interest.
Ruling: 
Trustee who failed to object to motion for abandonment of property could not seek revocation.
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Consumer case opionion summary, case decided on March 07,2011, LexisNexis #0311-137

Wells Fargo Home Mortg. Inc. v. Borkowski (In re Borkowski)

Creditor filed a motion pursuant to Fed. R. Bankr. P. 9024, which incorporated Fed. R. Civ. P. 60, to reopen debtor's bankruptcy case and to vacate a court order, in part, by striking all determinations that the mortgage of the creditor was brought current as of the date of the chapter 13 trustee's last distribution in the case.
Ruling: 
Creditor that did not act promptly to correct payment amount called for in confirmed plan could not reopen case to obtain order that mortgage had not been brought current.
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Consumer case opionion summary, case decided on February 22,2011, LexisNexis #0311-105