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Wells Fargo Advisors LLC v. Nawroz (In re Nawroz)

This matter came before the court for a trial on the merits on the complaint of plaintiff creditor to determine the dischargeabilty of a debt owed by defendant debtor. At trial, the creditor went forward on Count III only (11 U.S.C.S. § 523(a)(6)--willful and malicious injury).
Ruling: 
Debtor's intentional use of funds erroneously deposited by bank resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on December 22,2011, LexisNexis #0212-056

In re Information Network

Before the Court was the First and Final Application for Allowance of Fees and Reimbursement of Expenses to Special Counsel for Trustee (the Fee Application) and the objections thereto.
Ruling: 
Attorneys' fees denied to the extent services rendered did not benefit estate.
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Commercial case opionion summary, case decided on December 21,2011, LexisNexis #0212-039

In re Yildiz

After the court confirmed a debtor's chapter 13 plan, which provided for the strip off of a bank's lien on residential real property, the court ordered the debtor to show cause why the confirmation order should not be vacated.
Ruling: 
Confirmation vacated where lien proposed to be stripped was not wholly unsecured.
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Consumer case opionion summary, case decided on December 19,2011, LexisNexis #0112-081

In re Voliva

In a chapter 13 case, creditors objected to the debtors' claim of real property as exempt under N.C. Gen. Stat. § 1C-1601(a)(1) (2010).
Ruling: 
Exemption allowed in mobile home that met Bankruptcy Code definition of residence.
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Consumer case opionion summary, case decided on December 16,2011, LexisNexis #0112-072

Brooke Inv. Props. & Rentals Inc. v. Esther Lewis Metro Prop. Mgmt. (In re Lewis)

The holder of a senior lien on certain real estate moved for relief from stay under 11 U.S.C.S. § 362 to allow inspection of the property, allegedly damaged in a storm. Movant's secured interest in the property was created prior to the date on which it was transferred to debtor, an individual who had filed a chapter 13 case. Debtor opposed relief and alleged that she had made four of the eight payments alleged by movant to be in default.
Ruling: 
Relief from stay granted for limited purpose of allowing lienholder and insurance adjusters to inspect debtor's damaged property and determine proper payout.
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Consumer case opionion summary, case decided on December 14,2011, LexisNexis #0212-073

In re Whitley

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed an application for an order requiring the bank to produce documents pertaining to accounts the debtor had at the bank. The bank filed an objection and a motion to quash the trustee's application.
Ruling: 
Bank required to turn over debtor's documents to trustee with exception of privileged suspicious activity reports.
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Consumer case opionion summary, case decided on December 13,2011, LexisNexis #0112-068

Groff v. JPMorgan Chase Bank (In re Groff)

Debtors filed a complaint against creditor seeking to recover an alleged preferential transfer under 11 U.S.C.S. § 547(b). The creditor requested the dismissal of the complaint for failure to state a claim upon which relief could be granted under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Preference proceeding dismissed absent supporting documentation or records.
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Consumer case opionion summary, case decided on December 09,2011, LexisNexis #0112-054

Behrmann v. Natl Heritage Found. Inc.

A bankruptcy court approved release provisions as to appellee debtor's officers and directors and confirmed a chapter 11 Plan. The U.S. District Court for the Eastern District of Virginia affirmed. Appellant creditors were denied stays and appealed, arguing the Plan was not proposed in good faith as required by 11 U.S.C.S. § 1129(a)(3), and 11 U.S.C.S. § 524(e), as to discharges for third parties foreclosed approval of the release provisions.
Ruling: 
Affirmation of plan confirmation vacated due to third party release provisions absent supporting factual findings by bankruptcy court.
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Commercial case opionion summary, case decided on December 09,2011, LexisNexis #0112-029

In re Lewis Road LLC

Chapter 11 trustee sought relief per Fed. R. Civ. P. 60(b) and Fed. R. Bankr. P. 9024 from an earlier order approving a settlement among debtor, a debtor in possession (DIP), and other parties including Creditors 1 and 2 to the extent that it paid legal fees for Creditor 2's representation by a firm. Issues included whether the firm violated 11 U.S.C.S. § 327 and Fed. R. Bankr. P. 2014 in connection with its participation in the case.
Ruling: 
Settlement order vacated to the extent covering attorneys' fees for undisclosed dual representation of debtor in possession and creditor.
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Commercial case opionion summary, case decided on December 09,2011, LexisNexis #0112-038

In re Sea Trail Corp.

A corporate bankruptcy debtor asserted that its longtime counsel properly represented the debtor in prior matters involving corporate, employee, labor, and other general business matters pertaining to the daily operation of the debtor. The debtor moved for approval to employ counsel as special counsel to the debtor pursuant to 11 U.S.C.S. § 327(e).
Ruling: 
Application to employ debtor's long-time general counsel denied absent specified special purpose.
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Commercial case opionion summary, case decided on December 09,2011, LexisNexis #0112-039

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