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Hill v. Gibson Dunn & Crutche LLP (In re ms55 Inc.)

Plaintiff brought an adversary proceeding against defendant law firm, pre- petition counsel to the debtor, alleging it aided and abetted, and conspired with, the directors and officers of the debtor in breaching their fiduciary duties to general creditors. The parties consented to the bankruptcy judge entering final orders and a judgment on the claims tried before it.
Ruling: 
Trustee's claim against law firm for aiding and abetting debtor in breaching fiduciary duty to creditors dismissed.
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Commercial case opionion summary, case decided on December 04,2009, LexisNexis #0110-035

Hill v. Taylor (In re Taylor)

Plaintiff chapter 7 trustee brought a proceeding against defendants debtor and a creditor, seeking (1) to avoid a Deed of Trust, sell a Property free and clear of liens, and obtain related relief based upon the potential avoidance of the Deed of Trust, and (2) to obtain a declaration that the re-recording of the Deed of Trust was in violation of the automatic stay and therefore a nullity. The trustee and the creditor each sought summary judgment.
Ruling: 
Trustee could not use strong-arm powers to avoid deed of trust with error in legal description.
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Consumer case opionion summary, case decided on December 03,2009, LexisNexis #0210-060

Colorado E. Bank & Trust v. McCarthy (In re McCarthy)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that loan debts to the creditor were not dischargeable under 11 U.S.C.S. § 523(a)(2)(B) based on false statements by the debtor in a written financial statement. The debtor asserted a counterclaim alleging that the creditor willfully violated the automatic bankruptcy stay.
Ruling: 
Debt nondischargeable due to debtor's false written financial statements.
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Consumer case opionion summary, case decided on November 30,2009, LexisNexis #0110-053

Wells Fargo Bank v. Burrier (In re Burrier)

Debtors filed a chapter 13 case. Creditor filed a motion for relief from automatic stay. The court approved a stipulation for resolution of the motion. The creditor moved to enforce the terms of the stipulation and for relief from the automatic stay. The court denied the motion after finding that the debtors had made the alleged payments. The creditor moved for relief from the court's order under Fed. R. Bankr. P. 9024.
Ruling: 
Motion for relief from stay granted upon reconsideration due to debtors' prior submission of false and misleading evidence.
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Consumer case opionion summary, case decided on April 08,2009, LexisNexis #0709-042

In re Segura

The secured mortgage creditor filed an objection to the debtors' chapter 13 plan. The creditor did not object to the plan provisions for the secured claim and arrearages reflected in its filed proof of claim, but objected to language in the plan it argued impermissibly modified its lien in violation of 11 U.S.C.S. § 1322(b)(2) and (5).
Ruling: 
Confirmation denied due to improper infringement of creditor's rights.
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Consumer case opionion summary, case decided on January 09,2009, LexisNexis #0409-061