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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

In re Cloverleaf Enters.

Both general and special counsel to the debtor presented first interim applications for compensation in the form of attorneys' fees, pursuant to 11 U.S.C.S. §§ 330 and 331. The United States trustee filed objections to the application.
Ruling: 
Interim compensation awarded to debtor's attorneys for services reasonably likely to benefit estate.
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Commercial case opionion summary, case decided on July 13,2010, LexisNexis #1010-039

Kforce Inc. v. Kearse (In re Kearse)

Plaintiff, defendant debtor's former employer, moved for summary judgment as to the dischargeability of the debtor's obligations, pursuant to 11 U.S.C.S. § 523(a)(2), (4) and (6), under a settlement agreement by and among the debtor, the former employer, and debtor's new company.
Ruling: 
Settlement of lawsuit alleging diversion of contract opportunities was based on intentional injury and was nondischargeable.
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Consumer case opionion summary, case decided on May 18,2010, LexisNexis #0810-086

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

In re Fieldstone Mortg. Co.

In this chapter 11 case, the debtor rejected an executory software licensing and servicing agreement prior to plan confirmation. The software licensor filed an administrative claim, to which the plan trustee objected.
Ruling: 
Software licensor not entitled to administrative expense claim for breach of contract where debtor rejected contract signed by its parent.
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Commercial case opionion summary, case decided on March 22,2010, LexisNexis #0710-010

In re Eader

Debtors filed a petition for chapter 7 bankruptcy protection. Movant lessor moved for approval of a lease agreement between debtors and the lessor.
Ruling: 
Lease assumption agreement could not be approved as included waiver of discharge protection required a reaffirmation agreement.
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Consumer case opionion summary, case decided on March 22,2010, LexisNexis #0610-095

Guttman v. Fabian (In re Fabian)

The trustee of a corporation that was in chapter 11 bankruptcy, filed an adversary proceeding against defendant, a chapter 7 debtor who had been the corporation's controlling party, seeking a judgment that the debtor owed the corporation a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The debtor filed a motion to dismiss or, in the alternative, for summary judgment.
Ruling: 
Debt based on debtor's fraud conviction held nondischargeable in proceeding brought by trustee.
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Consumer case opionion summary, case decided on March 22,2010, LexisNexis #0610-090

Wolff v. Foroutan (In re Foroutan)

Defendant debtor filed a bankruptcy case under chapter 7. Plaintiff trustee filed an adversary proceeding against defendants, the debtor and his wife, seeking to avoid and recover a fraudulent conveyance under 11 U.S.C.S. §§ 548 and 550, and to deny the debtor's discharge under 11 U.S.C.S. § 727.
Ruling: 
Conveyance by debtor to spouse and self as tenants by the entireties for no consideration while insolvent avoided as fraudulent.
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Consumer case opionion summary, case decided on March 12,2010, LexisNexis #0510-059

In re Fieldstone Mortg. Co.

A chapter 11 debtor filed a motion to authorize payments pursuant to a key employment retention plan (KERP) to seven employees. In an earlier opinion, the court granted the motion. On remand from the United States District Court for the District of Maryland following a reversal, the issue was whether any of the seven employees were able to satisfy the limitations set forth in 11 U.S.C.S. § 503(c)(1) in order to receive payments under the KERP.
Ruling: 
Breach of contract claim was within core jurisdiction over allowance and disallowance of claims.
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Commercial case opionion summary, case decided on February 25,2010, LexisNexis #0510-132

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