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In re Trico Marine Servs. Inc.

Before the court was debtors' Motion to determine the validity and priority of a certain make-whole premium (the "Make-Whole Premium") asserted by an Indenture Trustee. Pursuant to an order of the court approving the sale of certain assets, the Indenture Trustee sought full and immediate payment of the Make-Whole Premium out of sale proceeds currently held in escrow. Debtors contested the Indenture Trustee's entitlement to such payment.
Ruling: 
Make-whole premium asserted by indenture trustee was an allowable secured claim.
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Commercial case opionion summary, case decided on April 15,2011, LexisNexis #0511-049

Canning v. Beneficial Me. Inc. (In re Canning)

Plaintiff bankruptcy debtors brought an adversary proceeding against defendant mortgagee alleging that the mortgagee violated the discharge injunction of 11 U.S.C.S. § 524(a)(2) by sending the debtors a collection letter and refusing to foreclose against the debtors' real property which the debtors surrendered to the mortgagee.
Ruling: 
Mortgagee's collection letter violated discharge injunction but refusal to foreclose did not.
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Consumer case opionion summary, case decided on February 17,2011, LexisNexis #0311-054

In re Davenport

Debtor was over 60. He sought to avoid a creditor's judicial lien under 11 U.S.C.S. § 522(f) of the Bankruptcy Code because it impaired his exemption. The creditor objected to debtor's age-enhanced exemption claim and to his request to avoid her lien. The court's decision was pending.
Ruling: 
Judicial lien avoided as impairing debtor's state residence exemption.
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Consumer case opionion summary, case decided on January 12,2011, LexisNexis #0211-048

In re M.W. Sewall & Co.

Debtor filed a voluntary petition for relief under chapter 11. Shortly thereafter, the State of Maine Bureau of Alcoholic Beverages and Lottery Operations (the Bureau) moved for relief from the 11 U.S.C.S. § 362 stay, seeking an order requiring debtor to remit to it all receipts of lottery tickets delivered to debtor prepetition, whether sold by debtor pre- or postpetition.
Ruling: 
Lottery bureau held general unsecured claim for ticket sales receipts and was not entitled to relief from stay.
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Commercial case opionion summary, case decided on July 16,2010, LexisNexis #1010-008

Epstein v. Defilippi (In re Defilippi)

Plaintiff, a guardian ad litem, sought a determination that an amount owed to her by defendant chapter 7 debtors was excepted from discharge as a domestic support obligation under 11 U.S.C.S. §§ 101(14A) and 523(a)(5). The guardian ad litem made a motion for judgment as a matter of law under Fed. R. Civ. P. 50(a), which the court treated as a motion for summary judgment pursuant to Fed. R. Civ. P. 56 and Fed. R. Bankr. P. 7056.
Ruling: 
Guardian ad litem's claim was a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on June 03,2010, LexisNexis #0810-089

Turner v. Boyle

Defendant president of a corporation as to which chapter 7 bankruptcy proceedings were filed moved to immediately withdraw reference of the case from the bankruptcy court after the trustee for plaintiff bankruptcy estate filed an adversary petition against the president alleging breach of duty of loyalty, lack of good faith, breach of duty of care, and breach of contract.
Ruling: 
Motion to withdraw reference of trustee's proceeding against debtor's president denied without prejudice to renewal when ready for trial.
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Consumer case opionion summary, case decided on March 29,2010, LexisNexis #0610-032

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

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