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Wells Fargo Bank v. McIver (In re McIver)

Movant in the matter was a bank, as trustee for a home loan trust. Respondent was debtor. Before the court was an agreed order and stipulation modifying automatic stay and striking order terminating automatic stay.
Ruling: 
Agreed order and stipulation modifying stay and striking order terminating stay granted.
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Consumer case opionion summary, case decided on December 27,2012, LexisNexis #0113-076

In re Keita

Chapter 13 debtor sought confirmation of his plan, A creditor filed a motion to dismiss the case and, along with other creditors, filed objections to confirmation.
Ruling: 
Plan providing for payment of note that matured prior to petition date could be confirmed.
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Consumer case opionion summary, case decided on December 12,2012, LexisNexis #0113-033

In re Navarro

A creditor holding a claim secured by a residence owned by debtor objected to debtor's proposed Chapter 13 plan, which plan was filed one day before debtor died. Issues included whether the plan was nonetheless confirmable, which was the outcome sought by debtor's next of kin, and whether the trustee's motion to dismiss, which was based on debtor's failure to attend the § 341 meeting of creditors and other factors, was properly granted.
Ruling: 
Case dismissed where now deceased debtor failed to attend §341 meeting and proposed plan was not confirmable.
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Consumer case opionion summary, case decided on October 19,2012, LexisNexis #1112-072

McDow v. Mancini (In re Johnson)

U.S. Trustee brought an adversary proceeding against bankruptcy petition preparer seeking sanctions against the preparer for misconduct in violation of 11 U.S.C.S. § 110 in relation to a bankruptcy debtor's case and numerous other bankruptcy cases. The preparer did not respond or appear.
Ruling: 
Bankruptcy petition preparer sanctioned for holding self out as attorney and for unauthorized practice of law.
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Consumer case opionion summary, case decided on October 19,2012, LexisNexis #1112-074

In re Egwu

Debtor's former attorney filed an application for attorneys' fees per 11 U.S.C.S. § 503(a) and an objection to confirmation of the debtor's chapter 13 plan because it did not propose to pay any of the fees the attorney sought to recover.
Ruling: 
Debtor's former attorney's fees ordered disgorged due to failure to disclose fee sharing arrangement.
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Consumer case opionion summary, case decided on October 19,2012, LexisNexis #1112-075

In re Swami Shree LLC

A chapter 11 debtor filed a motion to extend an interim agreement for the use of cash collateral, authorizing the debtor to use the cash the cash collateral and granting adequate protection.
Ruling: 
Extension of cash collateral order granted.
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Commercial case opionion summary, case decided on October 19,2012, LexisNexis #1112-103

EagleBank v. Korman (In re Korman)

Plaintiff bank sued defendants, a father and son who were chapter 7 debtors whose jointly owned and operated business was an involuntary debtor in a separate case, on claims that obligations of defendants arising out of plaintiff's financing of the business via a revolving line of credit (LOC) secured by accounts receivable (A/Rs) were nondischargeable per 11 U.S.C.S. § 523 and that discharge was properly denied to the son per 11 U.S.C.S. § 727.
Ruling: 
Discharge denied as to debtor son, but not as to debtor father, due to false financing certifications prepared without father's knowledge.
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Consumer case opionion summary, case decided on September 26,2012, LexisNexis #1012-093

Cho v. Park (In re Park)

Plaintiff judgment creditors brought an adversary proceeding against defendant bankruptcy debtor seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a) based on the debtor's failure to maintain adequate records, false statements and omissions in the debtor's schedules, and failure to account for the proceeds of a real estate sale.
Ruling: 
Discharge denied based on false statements but not failure to keep records.
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Consumer case opionion summary, case decided on September 24,2012, LexisNexis #1012-135

Rosen v. Hoang (In re Hoang)

Debtor declared chapter 11 bankruptcy in 2005, and after her case was converted to one under chapter 7 of the Bankruptcy Code and a chapter 7 trustee was appointed to administer the case, the trustee sought an order under 11 U.S.C.S. § 542(a) that required the debtor to turn over 48.07 carats in diamonds she allegedly acquired postpetition using estate assets. The court held hearings on the motion and the debtor's objection.
Ruling: 
Debtor ordered to turn over diamonds not disclosed in original schedules.
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Consumer case opionion summary, case decided on September 20,2012, LexisNexis #1012-140

In re Potomac Bus. Envts

This matter came before the court on debtor's Motion for an Order Authorizing the Interim Use of Cash Collateral through December 31, 2011 Pursuant to 11 U.S.C.S. § 363 (the "Motion"), and debtor's properly noticed request for a hearing on the continued use of cash collateral through and including October 10, 2012 (the "Notice").
Ruling: 
Debtor granted continued authority to use cash collateral given good cause shown.
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Commercial case opionion summary, case decided on August 31,2012, LexisNexis #1212-077

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