Rule 7001(2)

In re Anthony

Ruling: 
Objection to lien claim dismissed without prejudice for not having been brought as an adversary proceeding.
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Consumer case opionion summary, case decided on July 20,2015, LexisNexis #0815-138

Ferry Rd. Props. v. RL BB ACQ II-TN LLC (In re Ferry Rd. Props.)

Plaintiff, chapter 11 debtor, brought an adversary complaint objecting to the claim of defendant secured creditor, seeking a determination of the validity, priority, and extent of the creditor's lien rights. The creditor had foreclosed on debtor's commercial real property, and sought the proceeds of debtor's state court tort action for damages to the real property and loss of business income. The parties cross-moved for summary judgment.
Ruling: 
Tort judgment for injury to real property in favor of debtor was proceeds of property and subject to mortgagee's lien claim.
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Commercial case opionion summary, case decided on September 07,2012, LexisNexis #1012-069

Jefferson v. Community Bank (In re Jefferson)

Plaintiff chapter 13 debtors filed an adversary proceeding against defendant bank, pursuant to Fed. R. Bankr. P. 7001(2), seeking a determination of the validity, priority, or extent of a lien the bank held on real property the debtors owned. The bank filed a motion to dismiss.
Ruling: 
Adversary proceeding in debtor's second case could proceed as similar proceeding in first case was not litigated and did not give rise to res judicata.
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Consumer case opionion summary, case decided on June 21,2012, LexisNexis #0912-140

Monroe Capital Inc. v. Frumusa (In re Frumusa)

Plaintiff servicing agent commenced an adversary proceeding against defendants, debtor and two other individuals, pursuant to Fed. R. Bankr. P. 7001(2), to have the court determine the owner of the membership interests in a certain limited liability company (LLC).
Ruling: 
Membership interests in limited liability company, owned 100 percent by debtor on petition date, were property of the estate.
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Consumer case opionion summary, case decided on April 14,2010, LexisNexis #0610-136

In re Kemp

A chapter 13 debtor filed a motion to reclassify a creditor's unsecured second mortgage on the debtor's residence as an unsecured claim.
Ruling: 
Adversary proceeding not necessary for reclassification of mortgage claim for stripping purposes.
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Consumer case opionion summary, case decided on July 17,2008, LexisNexis #0808-089
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