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In re Diomed Inc.

A claimant in a chapter 11 debtor's bankruptcy case sought allowance and payment of an administrative claim pursuant to 11 U.S.C.S. § 503(a), § 503(b), and § 507(a)(2), consisting of royalties for the use of a patent in products that were sold postpetition but prior to the rejection of a license agreement, royalties for the bulk sale of products using the patent, net settlement proceeds derived from two settlements, and damages.
Ruling: 
Administrative expense claims allowed for pre-rejection royalty claim and proceeds of patent settlement.
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Commercial case opionion summary, case decided on September 15,2008, LexisNexis #1008-040

Emmes Capital LLC v. Fadili (In re Fadili)

Plaintiff judgment creditor filed a motion for summary judgment as to its count against defendant capter 7 debtor, seeking a determination that the prepetition judgment it held against the debtor was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Debtor's false financial statement, affidavit and failure to respond to written request were insufficient to establish nondischargeability under 523(a)(2)(A).
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Consumer case opionion summary, case decided on September 03,2008, LexisNexis #1008-030

In re Trickett

The debtor moved for adjudication of the issue whether the debtor's personalty, in the form of the debtor and his non-debtor spouse's joint federal tax refund for the tax year 2007, was the property of estate or was exempt.
Ruling: 
Trustee entitled to one-half of tax refund accrued during prepetition period.
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Consumer case opionion summary, case decided on July 25,2008, LexisNexis #0808-078

Lerario v. Nardone (In re Nardone)

Plaintiff judgment creditors brought an adversary proceeding against defendant chapter 7 debtor, seeking to hold the debt arising from a consent judgment nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Debtor collaterally estopped from challenging nondischargeability of consent judgment.
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Consumer case opionion summary, case decided on July 07,2008, LexisNexis #0808-062

Nosek v. Ameriquest Mortg. Co. (In re Nosek)

The court issued an order to show cause why sanctions should not be imposed under Fed. R. Bankr. P. 9011 for apparent misrepresentations as to the status of a lender as the holder of the note and mortgage at issue in the case. The order was directed at the lender, the law firm that served as its local law firm, three of its attorneys, the law firm that served as its national law firm, one of its attorneys, and the existing mortgage holder.
Ruling: 
Lender and counsel sanctioned for misrepresentation of status with regard to note and mortgage.
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Consumer case opionion summary, case decided on April 25,2008, LexisNexis #0608-035

In re Tradex Swiss AG

Self-styled "foreign representatives" challenged the commencement of an involuntary chapter 7 case against a debtor, a foreign corporation, and sought, in the alternative, consolidation of the involuntary case with the debtor's chapter 15 case. The petitioning creditors in the involuntary case sought to deny recognition of a foreign proceeding.
Ruling: 
Recognition granted to foreign non-main proceeding and chapter 7 case permitted to proceed given debtor's center of main interest in U.S.
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Commercial case opionion summary, case decided on March 12,2008, LexisNexis #0408-024

Nickless v. Saykosy (In re Saykosy)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, a chapter 7 debtor and the debtor's parents, seeking denial of the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(B), and a judgment finding that the debtor and his parents conspired to defraud the debtor's creditors and that transfer of the debtor's interest in real property was voidable under 11 U.S.C.S. § 549. The trustee filed a motion for summary judgment.
Ruling: 
Postpetition transfer of property by debtor to parents resulted in denial of discharge.
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Consumer case opionion summary, case decided on February 11,2008, LexisNexis #0308-087

In re Iron Age Corp.

The debtors'landlord filed a motion for an order allowing and directing immediate payment of administrative expense claims. The landlord sought payment of postpetition rent for property that he leased to the debtors by virtue of a lease entered into prior to the filing of the petition. The landlord argued that pursuant to 11 U.S.C. §§ 365(d)(3), 503(a) and 503(b)(1)(A) his claim was an administrative expense claim.
Ruling: 
Lease that was not legally terminated or rejected gave rise to administrative expense claim for landlord.
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Commercial case opionion summary, case decided on November 30,2007, LexisNexis #1207-114

In re Maisel

Creditor filed a motion for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) on the grounds that the debtors had failed to make regular monthly mortgage payments to the lender and had not sought to cure the arrearage or reaffirm the debt. The creditor further sought relief under 11 U.S.C. § 362(d)(2) on the grounds that the debtors had no equity in the property and the property was not necessary to an effective reorganization.
Ruling: 
Creditor's motion for relief from stay granted where debtor intended to surrender property.
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Consumer case opionion summary, case decided on November 15,2007, LexisNexis #1207-073

In re Kemp

A debtor filed for relief under chapter 13, and the debtor submitted a proposed amended chapter 13 plan. A chapter 13 trustee objected to confirmation of the amended plan on the grounds that the amended plan did not commit all of the debtor's projected disposable income as required by 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Confirmation of amended plan denied due to above median debtors failure to commit all monthly disposable income.
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Consumer case opionion summary, case decided on August 09,2007, LexisNexis #0108-018

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