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In re Riviera Drilling & Exploration Co.

A chapter 11 trustee filed a motion to convert a small business debtor's case from chapter 11 to chapter 7. Several creditors objected to the motion. A proponent submitted an amended chapter 11 plan and disclosure statement, and certain creditors objected to plan confirmation. The court ordered briefing on the applicability of 11 U.S.C.S. § 1121(e).
Ruling: 
Plan proposed after debtor failed to propose confirmable plan was in best interests of creditors and was confirmed.
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Commercial case opionion summary, case decided on December 19,2012, LexisNexis #0113-127

Prew v. Kerrigan-Ronan-Prew (In re Kerrigan-Ronan-Prew)

Plaintiff ex-husband filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor owed him a debt that was nondischargeable under 11 U.S.C.S. § 523. The court granted the ex-husband's motion for summary judgment on his claim under § 523(a)(15), and after the debtor declared chapter 13 bankruptcy, the ex-husband asked the court to dismiss the adversary proceeding he filed in the debtor's chapter 7 case.
Ruling: 
Dischargeability proceeding in chapter 7 case had to be resolved before court could review similar proceeding in debtor's chapter 13 case filed while first case was still pending.
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Consumer case opionion summary, case decided on December 06,2012, LexisNexis #0113-051

Deutsche Bank Natl Trust Co. v. Miller (In re Miller)

Creditor, the alleged holder of the respondent chapter 13 debtors' promissory note and deed of trust under Colo. Rev. Stat. § 4-3-201(b), sought relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1).
Ruling: 
Relief from stay granted due to lack of adequate protection and debtor's challenge to authenticity of note was not credible.
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Consumer case opionion summary, case decided on December 04,2012, LexisNexis #1212-111

In re Hutchins

A hearing was held on confirmation of the debtors' chapter 13 plan and on their objection to a creditor's claim.
Ruling: 
Confirmation denied on grounds of bad faith and lack of feasibility.
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Consumer case opionion summary, case decided on November 27,2012, LexisNexis #1212-133

Adams v. Meagher (In re Meagher)

Plaintiff creditors filed an adversary proceeding against defendant chapter 7 debtors, seeking a determination that the debtors owed them a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(4). The debtors filed a motion for summary judgment.
Ruling: 
Summary judgment in nondischargeability proceeding due to issue of fact regarding debtor's fiduciary status.
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Consumer case opionion summary, case decided on November 23,2012, LexisNexis #1212-082

Martin v. United States (In re Martin)

In this adversary proceeding, debtor sought a declaration that the debt he owed the United States for his 2000 and 2001 federal income taxes was discharged in his chapter 7 bankruptcy. The United States asserted that this tax debt was non-dischargeable under 11 U.S.C.S. § 523(a)(1)(B)(i). The matter came before the court on the parties' cross motions for summary judgment.
Ruling: 
Tax returns filed after IRS assessment were sufficient to allow taxes owed for those years to be nondischargeable.
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Consumer case opionion summary, case decided on November 14,2012, LexisNexis #1212-013

Wieland v. Assaf (In re Briones-Coroy)

United States Trustee (UST) brought an action against a bankruptcy petition preparer that alleged multiple violations of 11 U.S.C.S. § 110 and sought an injunction that would bar the preparer from continuing to provide bankruptcy petition preparer services.
Ruling: 
Bankruptcy petition preparer ordered to return fees and barred from providing services due to multiple violations.
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Consumer case opionion summary, case decided on October 23,2012, LexisNexis #1212-001

Houlne v. Long (In re Long)

Plaintiff former partner filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor owed her a debt that was nondischargeable under 11 U.S.C.S. § 523(a). The case was tried to the court.
Ruling: 
Debt to debtor's former partner was nondischargeable due to embezzlement.
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Consumer case opionion summary, case decided on September 13,2012, LexisNexis #1212-083

Henson v. Bank of Am. (In re Henson)

Plaintiff chapter 13 debtors filed a complaint against defendant bank alleging that the bank violated the automatic stay, 11 U.S.C.S. § 362(a), by allowing a prepetition foreclosure sale date to be continued automatically, from week to week by a public trustee. The bank filed a motion to dismiss the complaint.
Ruling: 
Automatic postpetition week-to-week continuation of foreclosure sale did not violate stay.
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Consumer case opionion summary, case decided on September 11,2012, LexisNexis #1012-044

In re Epic Energy Res. Inc

A creditor of chapter 11 debtors filed a motion for an order requiring payment pursuant to the debtor's joint plan of reorganization.
Ruling: 
Creditor's failure to enforce its right to payment under § 365(d)(3) or debtor's plan constituted a waiver of any administrative claim.
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Commercial case opionion summary, case decided on August 08,2012, LexisNexis #0812-112

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