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Archangel Diamond Corp. v. OAO Lukoil (In re Archangel Diamond Corp.)

Debtor, a Canadian company, filed an action in the Denver District Court (Colorado) in 2001, alleging, inter alia, that defendant, a Russian company, breached a contract the parties entered for the purpose of mining diamonds. The case was moved to federal district court and referred to the bankruptcy court after the debtor was forced into bankruptcy, and the Russian company filed a motion for abstention and remand to the state court.
Ruling: 
Discretionary abstention exercised with regard to debtor's RICO action against Russian company.
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Commercial case opionion summary, case decided on October 28,2010, LexisNexis #1210-032

In re King

The chapter 13 debtors filed an amended plan. Their current monthly income was above the applicable median family income. The plan proposed a payment of $ 350 per month for 44 months, and the plan did not propose to pay all the unsecured creditors in full. The trustee filed an objection to plan, arguing that the debtors were required to propose a 60 month plan under 11 U.S.C.S. § 1325(b).
Ruling: 
Above-median debtor with negative disposable income required to propose plan with 60- month commitment period.
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Consumer case opionion summary, case decided on October 27,2010, LexisNexis #1210-099

Spectrum Scan LLC v. Valley Bank & Trust Co. (In re Tracy Broad. Corp.)

Plaintiffs, a judgment creditor and the chapter 11 trustee, and defendant bank filed cross-motions for summary judgment in an adversary proceeding, seeking a determination of the extent of the bank's security interest.
Ruling: 
Bank's security interest in general intangibles did not extend to proceeds of sale of debtor's FCC license.
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Commercial case opionion summary, case decided on October 19,2010, LexisNexis #1110-097

Liberty Acquisitions LLC v. Cordova (In re Cordova)

Plaintiff collection agency filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor owed the agency a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(5). The debtor filed a motion for summary judgment on the agency's claim.
Ruling: 
Fees of court appointed child and family investigator assigned to collection agency remained a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on October 18,2010, LexisNexis #1210-017

Brown v. Sallie Mae Inc. (In re Brown)

Plaintiff chapter 7 debtor's filed a complaint to determine the dischargeability of her student loan debt, asserting that the an outstanding balance, including interest, of $10,495.79 was dischargeable as an undue hardship within the meaning of 11 U.S.C.S. § 523(a)(8).
Ruling: 
Student loan debt was nondischargeable where debtor had some ability to repay debts.
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Consumer case opionion summary, case decided on September 23,2010, LexisNexis #0211-057

In re Rutt

In a Chapter 13 bankruptcy proceeding, debtor made a motion to modify his Chapter 13 plan post-confirmation and made a motion under 11 U.S.C.S. § 506 to determine the secured status of creditor, which held a junior lien on his residence. The court also had before it debtor's amended modified plan.
Ruling: 
Debtor could not modify confirmed plan to strip off junior mortgage based on revaluation of property.
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Consumer case opionion summary, case decided on September 10,2010, LexisNexis #1010-131

In re Wing

Chapter 13 debtors sought confirmation of their 36-month chapter 13 plan which provided for $2,180 for unsecured creditors. The trustee objected, arguing the debtors were above the applicable median income and therefore had to amend their plan to extend the plan to 60 months pursuant to 11 U.S.C.S. § 1325(b)(4).
Ruling: 
Confirmation denied for failure to devote all projected disposable income to unsecured creditors.
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Consumer case opionion summary, case decided on September 09,2010, LexisNexis #1010-029

In re Wilcox

Pending before the court was the debtor's second amended chapter 13 plan including valuation of collateral and classification of claims and the chapter 13 trustee's objection to confirmation of the plan pursuant to 11 U.S.C.S. § 1322(b)(2).
Ruling: 
Modification of second mortgage that reflected prior agreement did not prevent confirmation of plan.
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Consumer case opionion summary, case decided on September 07,2010, LexisNexis #1010-025

In re Grein

In a chapter 7 proceeding, the trustee moved to compel turnover of non- exempt portions of debtors' accounts receivable and equity in their automobile. The issues were whether the assets generated from a disposition of assets belonging to debtors during a chapter 13 case were property of a chapter 7 estate after conversion, and whether debtors had to surrender the value of that property to the chapter 7 trustee following conversion.
Ruling: 
Assets not subject to turnover after reconversion from chapter 13 back to chapter 7 due to benefit received by unsecured creditors in chapter 13.
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Consumer case opionion summary, case decided on August 09,2010, LexisNexis #1010-076

In re Sanchez

Debtor, an above-median income debtor, sought confirmation per 11 U.S.C.S. § 1325 of a proposed chapter 13 plan. The chapter 13 trustee objected on grounds that debtor's calculation of disposable income (DI) on Form 22C was improper given the proposed strip-off of a junior lien, with the result that he had failed to pay into the plan all of debtor's projected DI. The trustee also objected to a deduction for "special circumstances."
Ruling: 
Confirmation denied due to failure to devote all disposable income to plan after sign off of junior lien.
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Consumer case opionion summary, case decided on May 26,2010, LexisNexis #0910-027

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