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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

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 Light Foot Group LLC

This case filed under chapter 11 was before the court on the Joint Motion of two banks for a declaration that debtor was a single asset real estate entity subject to 11 U.S.C.S. § 362(d)(3). Debtor opposed the Motion, and at the conclusion of a hearing, at which debtor's manager testified, the court reserved decision.
Ruling: 
Debtor's five tracts of land constituted single asset real estate entitling creditor to relief from stay.
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Commercial case opionion summary, case decided on November 10,2011, LexisNexis #1211-076

In re Ellman

Chapter 7 trustee filed a motion for an order directing the debtor to turn over his income tax refunds in the amount of $15,827.
Ruling: 
Tax refunds on prepetition earnings, less exemptions, were property of the estate.
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Consumer case opionion summary, case decided on October 26,2011, LexisNexis #1111-085

In re TeleContinuity Inc.

Citing Fed. R. Bankr. P. 9019, movant, the Chapter 7 trustee, asked the court to approve a proposed settlement of controversies and compromise of claims between the estate and a group of lenders (Group). Objector, a creditor that had made a competing offer to purchase estate assets, asked the court to disapprove the proposed settlement with the Group as not being in the best interests of the estate.
Ruling: 
Settlement of claims between estate and group of lenders approved in best interests of estate.
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Commercial case opionion summary, case decided on October 24,2011, LexisNexis #1111-102

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

In re Kotche

A bankruptcy debtor initially failed to disclose valuable jewelry as property of the debtor and subsequently failed to account for the jewelry. The debtor moved to dismiss her bankruptcy case, and the bankruptcy trustee moved to convert the debtor's Chapter 13 case to Chapter 7.
Ruling: 
Bad faith precluded voluntary dismissal of chapter 13 case.
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Consumer case opionion summary, case decided on September 22,2011, LexisNexis #1111-130

Fru-Con Construction Corp. v. Araujo (In re Araujo)

Plaintiff judgment creditor filed a complaint objecting to the discharge of defendant debtor under 11 U.S.C.S. § 727(a)(2)(A).
Ruling: 
Discharge denied due to transfer of assets with intent to hinder and delay creditor.
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Consumer case opionion summary, case decided on September 12,2011, LexisNexis #1011-057

In re Auto Showcase of Laurel LLC

Plaintiff Chapter 11 debtor filed a motion pursuant to 11 U.S.C.S. § 365(a) to reject its lease with a tenant so that it could sell the leasehold property to a buyer who would then lease it and provide inventory financing to an affiliate of the debtor. The debtor contended that the tenant was in material breach of the lease and had forfeited any rights to remain in possession under § 365(h). The tenant opposed the motion.
Ruling: 
Lease rejected but tenant had right to occupy premises due to debtor lessor's bad faith material breach.
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Commercial case opionion summary, case decided on September 12,2011, LexisNexis #1011-042

Srour v. Marra (In re Marra)

Plaintiff creditors sought a ruling that their state court judgment against a Chapter 7 debtor was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
State court judgment was dischargeable absent establishment of debtor's fraudulent intent.
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Consumer case opionion summary, case decided on August 30,2011, LexisNexis #1011-086

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