Jun
15
2018
Tara Retail Grp., Inc., In re
Ruling:
Debtor's motion to surcharge was denied as debtor's attorney's fees and expenses requestedin the fee application were not incurred primarily to protect or preserve creditor's collateral.(Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-069
Apr
25
2018
Unnerstall, In re
Ruling:
Court allowed the bank’s reasonable attorneys’ fees where it held an oversecured claim butdebtors were not responsible for unreasonable fees incurred by the bank in collecting thedebt. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 25,2018, LexisNexis #0718-010
May
16
2018
Burton, In re
Ruling:
Value of debtor's vehicle should be the price a retail merchant would charge for property of that kind considering the age and condition of the property as debtor's intended use was personal. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on May 16,2018, LexisNexis #0618-100
Apr
20
2018
Jones, In re
Ruling:
Court concluded that creditor's claim was subject to bifurcation as the collateral did not secure sums advanced to pay for optional gap insurance and vehicle maintenance contracts. (Bankr. W.D. Wash.)
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Consumer case opionion summary, case decided on April 20,2018, LexisNexis #0518-096
Apr
09
2018
Austin, In re--United States v. Austin
Ruling:
Appellate panel reversed bankruptcy court's order sustaining debtors' objection to the IRS'sproof of claim after debtors failed to present substantial evidence sufficient to overcome thepresumption of the validity and amount of the IRS's proof of claim. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 09,2018, LexisNexis #0518-073
Mar
05
2018
Blackwell, In re
Ruling:
Confirmation of debtors' chapter 13 plan was denied as it did not stand in a confirmable posture after the court accepted the valuation of the real estate. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on March 05,2018, LexisNexis #0418-035
Jan
12
2018
Schmidt, In re
Ruling:
Bank's claims could not be deemed unsecured as the claims were parts of a single loan, secured by one mortgage on debtor's primary residence. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on January 12,2018, LexisNexis #0218-095
Dec
08
2017
1910 Partners, In re--1910 Partners v. Ass'n of Apt. Owners of Canterbury Place
Ruling:
Oversecured creditor was not entitled to fee award as the court erred by failing to require the creditor to support its fee request with any evidence.
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Commercial case opionion summary, case decided on December 08,2017, LexisNexis #0218-070
Court: Judge or Jurisdiction information not available
Dec
28
2017
Archdiocese of St. Paul & Minneapolis, In re
Ruling:
Court denied confirmation of the creditor committee's plan as it made no provisions for thesecured claims involved. (Bankr. D. Minn.)
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Commercial case opionion summary, case decided on December 28,2017, LexisNexis #0218-015
Dec
27
2017
Serrato, In re
Ruling:
Court reanalyzed billings and allowed addition of both collection costs and attorney's fees tothe homeowner's association's claim. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on December 27,2017, LexisNexis #0218-016
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