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Newcomer v. Litton Loan Servicing LP (In re Newcomer)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant servicer of a mortgage loan of the non-debtor spouse of the debtor alleging that the servicer violated the automatic bankruptcy stay under 11 U.S.C.S. § 362, the debtor's confirmed plan under 11 U.S.C.S. § 1327, and the discharge injunction under 11 U.S.C.S. § 1328.
Ruling: 
Loan servicer did not violate stay by sending letter regarding loan on which non-debtor spouse was obligor, secured by property in which debtor had acquired an interest.
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Consumer case opionion summary, case decided on September 30,2010, LexisNexis #1110-067

Bedford Town Condo. v. Washington Gas Light Co. (In re Bedford Town Condo.)

Before the court was movant debtor's expedited motion to sanction a creditor for violation of automatic stay pursuant to 11 U.S.C.S. § 362(a)(1), (3), (6) for violation of 11 U.S.C.S. § 366(c) (the Sanctions Motion). Respondent creditor, a utility company, did not file a response to the Sanctions Motion, but appeared at the hearing held on the matter and argued against sanctions being imposed.
Ruling: 
Utility termination notice violated stay and gave rise to sanctions.
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Commercial case opionion summary, case decided on September 20,2010, LexisNexis #1110-005

Countrywide Bank v. Beachley (In re Beachley)

Plaintiff bank filed a complaint against defendant debtors and a chapter 13 trustee seeking an equitable lien on the debtors' property. Alternatively, the bank sought a determination that it was equitably subrogated to another lender's deed of trust. The debtors and the trustee contended that neither an equitable lien nor subrogation was available under 11 U.S.C.S. § 544(a)(3). Both sides moved for summary judgment.
Ruling: 
Transfer to bank via unrecorded deed of trust was avoidable without survival of equitable lien or subrogation rights.
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Consumer case opionion summary, case decided on September 16,2010, LexisNexis #1110-023

Petrovic v. Vetal (In re Vetal)

Former employee filed an adversary proceeding against chapter 7 debtor, a person who had owned a company that was engaged in the business of servicing swimming pools, seeking a determination that the debtor owed a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The debtor filed a motion for summary judgment.
Ruling: 
Checks dishonored due to freeze on debtor's line of credit did not give rise to nondischargeable debt.
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Consumer case opionion summary, case decided on August 03,2010, LexisNexis #0910-080

Salmeron v. One West Bank (In re Salmeron)

A chapter 13 debtor filed a motion to determine the extent of a secured lien and status of debt under 11 U.S.C.S. § 506. She sought to reduce the value of a secured lien against her property. A creditor, as holder of the lien, opposed the motion on the grounds that 11 U.S.C.S. § 1322(b) barred the debtor from altering its secured claim through her plan.
Ruling: 
Debtor could not reduce value of lien secured by property that was debtor's primary residence on petition date.
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Consumer case opionion summary, case decided on May 04,2010, LexisNexis #0710-096

USGen New Eng. Inc. v. TransCanada Pipeline Ltd. (In re USGen New England Inc.)

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and a Canadian pipeline company filed an amended claim in the amount 52,426,566 Canadian dollars against the debtor's bankruptcy estate. The court approved the debtor's plan for repaying its creditors and held a trial on the debtor's objection to the Canadian company's claim.
Ruling: 
Canadian company's claim under contract for transport of natural gas through pipelines allowed subject to adjustment for mitigation credit.
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Commercial case opionion summary, case decided on April 01,2010, LexisNexis #0710-069

10 W. Chase LLC v. Shepard (In re Shepard)

Plaintiff creditor filed a motion for leave to file an amended complaint to determine dischargeability of a debt under 11 U.S.C.S. § 523. The motion was opposed by defendants, chapter 7 debtors.
Ruling: 
Leave to file postdischarge amended dischargeability complaint denied.
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Consumer case opionion summary, case decided on January 06,2010, LexisNexis #0210-080