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Albert v. Site Mgmt.

Ruling: 
Claims of debtor's leasing agent and property manager were core proceedings within the jurisdiction of the bankruptcy court.
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Consumer case opionion summary, case decided on February 28,2014, LexisNexis #0714-026

Lain v. Erickson (In re Erickson Ret. Cmtys. LLC)

Plaintiff chapter 11 trustee sued defendants for claims including breach of contract, fraudulent transfers, and avoidable preferences. The adversary action was transferred and automatically referred to the United States Bankruptcy Court for the District of Maryland. Defendants moved to withdraw the reference.
Ruling: 
Reference of breach of contract claims withdrawn.
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Commercial case opionion summary, case decided on June 01,2012, LexisNexis #0612-136

Brooks v. Prestige Fin. Servs.

Plaintiff Chapter 13 debtor sued defendant car finance company in Maryland state court under the Maryland Consumer Protection Act and state common law. The finance company removed the action to federal district court. The finance company moved to dismiss or, alternatively, to stay. The debtor moved to strike notice of stay.
Ruling: 
Consumer protection action against car financer allowed to proceed in interests of creditors.
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Consumer case opionion summary, case decided on October 14,2011, LexisNexis #1111-035

Brooks v. Bank of N.Y. Mellon (In re Brooks)

Debtor sought review of a decision of a bankruptcy court. Appellee bank filed a motion to to dismiss the appeal as moot.
Ruling: 
Appeal of order granting relief from stay, which was not stayed pending appeal, was moot once one debtor received a discharge.
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Consumer case opionion summary, case decided on October 16,2009, LexisNexis #1109-071

Breen v. Guttman (In re Breen)

Appellant debtors sought review of an order of the bankruptcy court approving the settlement of litigation that one of the debtors (the employee) initiated against his former employer. The debtors objected to the settlement, which was negotiated by appellee trustee, on the grounds that a portion of the employee's claims against the employer were based on postpetition activity.
Ruling: 
Settlement of claims based on both pre- and postpetition activity affirmed.
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Branigan v. Khan (In re Khan)

Appellant, a chapter 13 trustee, sought review of orders of the bankruptcy court denying the trustee's motions to dismiss and confirming the plans of appellee debtors.
Ruling: 
Prohibition on second discharge did not prevent filing of a chapter 13 petition.
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Abell v. Devan

Appellants sought review of an order entered by the bankruptcy court denying them recovery for payments they made to the mortgage holder on the home of debtor.
Ruling: 
Alleged purchaser's of debtor's home were not entitled to recover payments to debtor's mortgagee due to indicia of fraud surrounding "sale."
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Tidewater Fin. Co. v. Williams

Appellant creditor sued appellee debtor claiming that the debtor was not entitled to discharge of a certain debt in her second chapter 7 case. The creditor claimed that the six year waiting period of 11 U.S.C. § 727(a)(8) should have been equitably tolled while the debtor's intervening chapter 13 cases were pending. The bankruptcy court granted summary judgment in favor of the debtor, and the creditor sought review.
Ruling: 
Court rejected creditor's argument that six year limitations period between debtor's chapter 7 cases should have been equitably tolled while debtor's chapter 13 cases were pending.
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