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TD Bank v. Sewall

In an action filed against defendant guarantors, plaintiff creditor sought a declaratory judgment as to the validity and enforceability of guaranty agreements and an order requiring the sale of stock that the guarantors pledged as collateral. Before the court was the guarantors' motion to transfer the proceeding to the Bankruptcy Court for the District of Maine pursuant to 28 U.S.C.S. § 157(a) and D. Me. R. 83.6.
Ruling: 
Declaratory judgment action that could result in increased funds for the estate transferred to bankruptcy court.
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Commercial case opionion summary, case decided on November 20,2009, LexisNexis #1209-096

In re Bosse

Counsel for chapter 13 debtors filed a fee application, but the trustee objected to several entries itemizing time expended and tasks performed. The trustee also sought direction as to how approved fees would be paid under the terms of the confirmed plan and claims allowance order.
Ruling: 
Fee application granted with reductions for clerical time and excessive time spent on preparing petition.
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Consumer case opionion summary, case decided on July 14,2009, LexisNexis #0809-073

In re White

The debtors proposed a first amended chapter 13 plan. An unsecured creditor and the chapter 13 trustee filed objections to the plan.
Ruling: 
Confirmation denied due to improper deductions for mortgage payments on two properties intended for surrender.
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Consumer case opionion summary, case decided on June 23,2009, LexisNexis #0909-097

Braemer v. Lowey

Appellant, a former lead plaintiff for a class of consumers who were harmed by the debtor corporation, challenged the bankruptcy court's order authorizing appellee plan fiduciary and the debtor corporation to enter into a sale agreement in furtherance of the chapter 11 plan. The plan fiduciary moved to dismiss the appeal. The court suspended the briefing of the actual appeal in order to first address a motion to dismiss the appeal as moot.
Ruling: 
Appeal of order authorizing sale of debtor's property dismissed on grounds of mootness.
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Commercial case opionion summary, case decided on February 24,2009, LexisNexis #0409-035