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In re Qimonda AG

The representative of a debtor in a foreign insolvency proceeding moved to eliminate or restrict the applicability of bankruptcy law to allow the representative to terminate U.S. licenses to use the debtor's patents under foreign law. Upon remand from the U.S. District Court for the Eastern District of Virginia, the bankruptcy court considered whether the right to retain the licenses under bankruptcy law should apply under 11 U.S.C.S. § 1506.
Ruling: 
Debtor in foreign proceeding could not terminate U.S. patent licenses.
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Commercial case opionion summary, case decided on October 28,2011, LexisNexis #1111-135

In re Nwonwu

The chapter 13 trustee filed an objection to confirmation of the debtor's plan and a motion to dismiss the case for cause under 11 U.S.C.S. § 1307(c). A mortgage creditor filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362.
Ruling: 
Debtor's eighth chapter 13 case dismissed given inability to support plan.
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Consumer case opionion summary, case decided on August 12,2011, LexisNexis #0911-097

In re Linton

A chapter 13 trustee objected to the confirmation of a plan that proposed a 100 percent payment of unsecured claims on which the debtor and his non-debtor wife were jointly liable while only providing a 5 to 6 percent payout to non-joint unsecured creditors.
Ruling: 
Plan paying 100 percent of joint unsecured creditors but only 5 percent of non-joint unsecured creditors confirmed.
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Consumer case opionion summary, case decided on July 27,2011, LexisNexis #0911-065

In re Haymarket Transp. Inc.

Pursuant to 11 U.S.C.S. § 502(a), a Chapter 11 debtor objected to a claim filed by a creditor as a priority claim for unpaid commissions.
Ruling: 
Commissions earned by creditor outside 180-day period were not entitled to priority.
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Commercial case opionion summary, case decided on May 13,2011, LexisNexis #0611-046

In re Majaraj

Debtors, who operated an auto body business, sought confirmation of a chapter 11 plan. Confirmation was opposed by a nominally secured creditor ("NSC"), whose subordinate deed of trust against the debtors' residence would have been stripped off. Additionally, the plan had not been accepted by the class of general unsecured creditors, who would have received an estimated 1.7 cents on the dollar over a period of five years.
Ruling: 
Debtors could not cram down subordinate deed of trust as absolute priority rule continued to operate in individual chapter 11 cases with regard to non-exempt property owned on petition date.
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Consumer case opionion summary, case decided on May 09,2011, LexisNexis #0611-098

In re Nealey

Before the court was the objection of the standing chapter 13 trustee to confirmation of a modified plan filed by debtors on January 19, 2011.
Ruling: 
Confirmation of modified plan denied on trustee's objection due to improper classification of restitution claim.
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Consumer case opionion summary, case decided on April 19,2011, LexisNexis #0511-131

Grey-Theriot v. Quansah (In re Quansah)

Plaintiff creditor brought an action under 11 U.S.C.S. § 523(a)(2)(A) against defendant Chapter 7 debtor to determine the dischargeability of a judgment obtained against the debtor under the Virginia Consumer Protection Act (the Act), Va. Code Ann. § 59.1-196 et seq., for failure to deliver airline tickets for which the creditor had paid.
Ruling: 
State court judgment that satisfied necessary elements was a nondischargeable debt.
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Consumer case opionion summary, case decided on April 11,2011, LexisNexis #0511-058

In re Martinez

Chapter 11 debtor filed a motion for a determination that life insurance proceeds payable to her from a policy exempted by her late debtor husband were not property of the estate in her chapter 11 case.
Ruling: 
Insurance proceeds from deceased debtor's policy were property of spouse's estate.
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Consumer case opionion summary, case decided on March 31,2011, LexisNexis #0611-028

In re Taneja

A loan servicer, as attorney in fact for a trustee of a bank, filed a motion to vacate an order approving a sale of real estate free and clear of liens under 11 U.S.C.S. § 363(f)(4), alleging that the bank was not served with, or given notice of, the sale motion. The motion to vacate the sale order was opposed by the chapter 11 trustee, by the purchasers of the property, and by another creditor that was the recipient of the proceeds of the sale.
Ruling: 
Order for sale partially vacated to allow creditor to file adversary proceeding determining validity, priority and extent of lien.
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Consumer case opionion summary, case decided on March 15,2011, LexisNexis #0511-007

In re Jahed

Debtor's counsel was ordered to show cause why sanctions including possible suspension from practice should not be imposed for his failure to appear at a hearing on debtor's motion to extend time to "pursue other legal counsel." The court also considered issues raised by the U.S. Trustee (UST) as to whether the compensation paid to counsel was reasonable per 11 U.S.C.S. § 329(a) and Fed. R. Bankr. P. 2016(b).
Ruling: 
Court declined to sanction debtor's former counsel for failure to appear at hearing on debtor's pro se motion for extension of time to obtain new counsel.
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Consumer case opionion summary, case decided on March 07,2011, LexisNexis #0411-038

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