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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

In re Cedar Funding Inc.

Citing Fed. R. Bankr. P. 9024, movant, a provider of accounting services and litigation support to the Chapter 11 trustee, asked the court to reconsider its ruling denying, in part, movant's second interim fee application. Movant filed its own motion and was not represented by counsel in connection therewith.
Ruling: 
Court refused to reconsider denial of accountant's second interim fee application.
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Commercial case opionion summary, case decided on March 07,2011, LexisNexis #0411-098

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

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