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Englander v. Hekman Furniture Co. (In re Mastercraft Interiors Ltd.)

Plaintiffs, a bankruptcy plan administrator for a chapter 11 debtor and a chapter 11 debtor, filed an adversary proceeding against defendant furniture company, seeking a determination that three payments the debtors made to the furniture company were avoidable transfers under 11 U.S.C.S. § 547, and an order disallowing a claim in the amount of $ 475,678 which the company filed against their bankruptcy estates.
Ruling: 
Preference period payments were not avoidable due to subsequent new value and ordinary course of business exceptions.
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Commercial case opionion summary, case decided on December 30,2009, LexisNexis #0210-120

In re Okigbo

The debtor filed a motion to enforce the automatic stay of 11 U.S.C. § 362(a) against the creditor, a credit union, that acted unilaterally to freeze funds of the debtor on deposit with it, in order to be able to effect a setoff. The credit union filed, after the fact, a motion for relief from the automatic stay.
Ruling: 
Relief from stay denied to credit union that violated stay by freezing debtor's account.
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Consumer case opionion summary, case decided on December 29,2009, LexisNexis #0210-109

Rosen v. Rood (In re Rood)

Plaintiffs, a chapter 7 trustee and a creditor, filed an emergency motion to enforce a preliminary injunction order and hold defendant debtor in contempt.
Ruling: 
Debtor held in contempt for violation of injunction prohibiting transfers of property or assets of financial transactions.
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Consumer case opionion summary, case decided on December 14,2009, LexisNexis #0110-106

Bob Coulton Enters. v. Grauer (In re Grauer)

The debtor-defendant filed an objection to the writ of garnishment of the plaintiff creditor's assignee, that sought to execute on a default judgment entered against the debtor in the amount of $ 341,233 by the bankruptcy court.
Ruling: 
Exemption of portion of debtor's garnished wages allowed pursuant to state law.
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Consumer case opionion summary, case decided on December 10,2009, LexisNexis #0110-133

Aerotek Scientific LLC v. Kearse (In re Kearse)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor alleging that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a) based on the debtor's fraud, fiduciary defalcation or embezzlement, and wilful and malicious injury. The debtor moved to dismiss the complaint.
Ruling: 
Debtor's activities in violation of non-compete agreement were sufficient to support claims of nondischargeability, fiduciary defalcation and willful and malicious injury.
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Consumer case opionion summary, case decided on December 07,2009, LexisNexis #0110-115

Charles County Nursing & Rehab. Ctr. v. Marbury (In re Marbury)

Plaintiff nursing care facility brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the facility for the care of the debtor's mother was nondischargeable under 11 U.S.C.S. § 523(a)(4) based on defalcation of the debtor in his fiduciary capacity.
Ruling: 
Debt to senior living facility was dischargeable where debtor owed fiduciary duty to mother but not to facility.
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Consumer case opionion summary, case decided on December 02,2009, LexisNexis #0110-034

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

In re Nelson

Debtor's chapter 7 case was converted to chapter 13, but the case was reconverted to chapter 7 without objection upon the debtors' failure to make payments required under their confirmed chapter 13 plan. The debtors moved to reconvert their case to chapter 13 pursuant to 11 U.S.C.S. § 706(a).
Ruling: 
Chapter 7 case converted to chapter 13 and reconverted to chapter 7 could not be reconverted to chapter 13.
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Consumer case opionion summary, case decided on September 21,2009, LexisNexis #1109-034

Ciotti v. Fanchot (In re Ciotti)

Plaintiff chapter 7 debtor filed an adversary proceeding against defendant, the Comptroller of Maryland, seeking a ruling that certain tax debt she owed the State of Maryland for the years 1992 through 1996 was discharged in bankruptcy. The debtor filed a motion for judgment on the pleadings.
Ruling: 
State taxes owed by debtors in no asset case were dischargeable.
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Consumer case opionion summary, case decided on September 11,2009, LexisNexis #1009-117

In re Gordy

Chapter 13 debtor moved for an order concluding the case and for an order confirming that the second lien held by creditor lender was extinguished. The chapter 13 trustee opposed the motion, but the creditor did not.
Ruling: 
Chapter 13 case and lien confirmed as avoided where creditor did not object.
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Consumer case opionion summary, case decided on September 09,2009, LexisNexis #1009-128

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