§ 105

Venoco LLC, In re--Davis v. California

Ruling: 
Bankruptcy Court in rem jurisdiction extended to ability to enforce rights in debtor's propertyand facilitate fair distribution to creditors. (3d Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on September 23,2020, LexisNexis #0721-026

Breland, In re

Ruling: 
Debtor's motion for stay pending resolution of a constitutional issue on appeal was denieddue to lack of likelihood of success and failure to demonstrate irrevocable harm would result.(Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on May 24,2021, LexisNexis #0721-027

Ward, In re

Ruling: 
Civil penalty and injunction were appropriate and retainer agreements between firm anddebtors had to be voided and all fees returned as the agreements gave debtors false impressionthat a properly licensed attorney would represent them in their cases. (Bankr. D.S.C.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on May 13,2021, LexisNexis #0621-076

Nelson Ricks Cheese Co., In re

Ruling: 
Sanctions were awarded against husband due to forging wife's signature and transferring100% of the shares in the debtor company, which was a willful and intentional act on his part.(Bankr. D. Idaho)
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Commercial case opionion summary, case decided on April 30,2021, LexisNexis #0621-051

Crawford, In re

Ruling: 
Debtor's entry into the settlement mooted any compensatory purposes of sanctions andsettlement provided ample redress for any harm she suffered during the case. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 29,2021, LexisNexis #0621-052

Fin. Oversight & Mgmt. Bd. for Puerto Rico, In re

Ruling: 
Court dismissed creditor's claim against Puerto Rico Sales Tax Financing Corporation becausethe relief sought by group of objectors was inequitable and impractical. (1st Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on February 08,2021, LexisNexis #0321-051

Soussis, In re

Ruling: 
Request for reduction or disgorgement of the entire fee of the Chapter 13 trustee denied as thecourt had no authority to fix the fees and could not use the equitable powers under U.S.C. §105. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on November 12,2020, LexisNexis #1220-076

Thomas, In re--Thomas v. Tenn. DOT

Ruling: 
Debtor attorney sanctioned and prohibited from filing or presenting arguments in own casedue to conduct that repeatedly violated the Tennessee Supreme Court's Rules of ProfessionalConduct. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on August 25,2020, LexisNexis #1120-001

Leary, In re--Leary v. Great Lakes Educ. Loan Servs.

Ruling: 
Student loan servicer were warranted under 11 U.S.C. § 105 due to indifference to theproceeding which seriously prejudiced the debtor. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on September 08,2020, LexisNexis #1020-050

JNL Funding Corp., In re

Ruling: 
Motion to disgorge was granted as filing the reports and paying the US trustee fees were partof distribution trustee's obligations. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on July 31,2020, LexisNexis #0920-026

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