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In re H.T. Pueblo Props. LLC

Movant, the principal secured creditor, filed a motion for relief from the automatic stay, and a motion for adequate protection, under 11 U.S.C.S. §§ 361-363, against chapter 11 debtor in possession, whose sole asset was a Ramada Inn motel.
Ruling: 
Relief from stay granted as debtor had no reasonable prospect of reorganization or providing adequate protection.
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Commercial case opionion summary, case decided on December 30,2011, LexisNexis #0212-007

In re Loeffler

Creditor bank filed an objection to chapter 13 debtor's second amended chapter 13 plan, and the court held a hearing on confirmation of that plan.
Ruling: 
Confirmation denied due to failure to adequately deal with possible avoidable transfer made on eve of filing date.
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Consumer case opionion summary, case decided on December 21,2011, LexisNexis #0212-067

In re Gentry

The chapter 13 trustee objected to the debtors' proposed plan. The parties disputed whether the debtors, a married couple, had to include unemployment compensation in their calculation of "current monthly income" (CMI) on Form 22C.
Ruling: 
Confirmation denied due to failure to include unemployment compensation in current monthly income calculation.
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Consumer case opionion summary, case decided on December 19,2011, LexisNexis #0112-071

In re Local Serv. Corp.

A chapter 7 trustee and a chapter 11 trustee filed a motion under 11 U.S.C.S. § 105 and Fed. R. Bankr. P. 9019 to approve a settlement agreement of adversary proceedings alleging fraudulent conveyance against a limited liability company (LLC) and against the chapter 7 debtor's wife. One creditor objected to the proposed settlement.
Ruling: 
Trustee's settlement of fraud claims that would be expensive and difficult to prove approved in best interests of estates' creditors.
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Commercial case opionion summary, case decided on December 19,2011, LexisNexis #0112-102

In re Kloberdanz

Before the court was the Trustee's Motion to Revoke Technical Abandonment Under 11 U.S.C.S. § 554(c) (the "Revocation Motion"), and debtor's response thereto, and the Trustee's Application for Authority (A) to Employ and Compensate a company as Auctioneer and (B) to Sell Property of the Estate Free and Clear of Liens, Claims, and Interests Pursuant to 11 U.S.C.S. § 363(b)(1) by Public Auction (the "Application"), and debtor's response thereto.
Ruling: 
Technical abandonment of property not disclosed in schedules revoked to allow trustee to proceed with sale.
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Consumer case opionion summary, case decided on November 21,2011, LexisNexis #0112-035

In re DB Capital Holdings LLC

The United States Trustee filed motions to dismiss chapter 11 cases under 11 U.S.C.S. § 1112(b).
Ruling: 
Case dismissed due to futility of pursuing debtor's lawsuits and no hope of recovery for unsecured creditors.
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Commercial case opionion summary, case decided on November 14,2011, LexisNexis #1211-093

Thompson v. Flagstar Bank FSB (In re SGD Timber Canyon LLC)

This matter came before the court on the Motion for Award of Costs and Expenses Related to Removal filed by plaintiffs, debtor and its sole member, and defendant creditor's Response in Opposition.
Ruling: 
Fees and costs incurred in obtaining remand were not recoverable where original removal was reasonable.
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Commercial case opionion summary, case decided on November 03,2011, LexisNexis #1211-065

Jagow v. GEF Servs. LLC (In re Content Distrib.)

Chapter 7 trustee moved to modify the preliminary injunction the court had entered against defendant, the purchaser of the assets of debtor corporation. The adversary proceeding sought recovery of the assets as fraudulent transfers under 11 U.S.C.S. §§ 544, 548 and Colo. Rev. Stat. § 38-8-105. The purpose of the preliminary injunction was to prevent the loss of the assets transferred pre- petition.
Ruling: 
Existing preliminary injunction in fraudulent transfer proceeding was sufficient to prevent further loss of assets.
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Commercial case opionion summary, case decided on November 02,2011, LexisNexis #1211-052

In re Hernandez

The trustee moved for sanctions under 11 U.S.C.S. § 110 against the debtor's bankruptcy petition preparer.
Ruling: 
Bankruptcy petition preparer, a disbarred lawyer, sanctioned for excessive fees and providing legal advice.
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Consumer case opionion summary, case decided on October 31,2011, LexisNexis #1211-001

In re Plateau Energy Inc.

Debtor limited liability company filed a petition under Chapter 11 of the Bankruptcy Code, and a bank that had loaned the debtor money filed a motion seeking relief under 11 U.S.C.S. § 362(d) from the stay that was imposed when the debtor declared bankruptcy so it could foreclose on real property that was owned by the debtor's managing members. The debtor opposed the motion.
Ruling: 
Relief from stay to foreclose granted as debtor's case was filed in bad faith.
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Commercial case opionion summary, case decided on October 28,2011, LexisNexis #1111-112

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