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Judge Thomas L. Saladino

Tiburon View Apartments, LP, Ch. 11, BK10-81025-TLS (Oct. 22, 2012)

The court denied the administrative expense applications filed by the debtor's equity interest holders. The applicants were unable to establish that their involvement in the case provided a "substantial contribution" to the estate as required by § 503(b)(3)(D). The equitable "common fund" doctrine did not provide a remedy because the movants did not demonstrate any "dominating reasons of justice" to invoke it.

First Nebraska Educators Credit Union v. Jerome E. & Glenda F. Hetrick (In re Hetrick), Ch. 7, BK11-80283-TLS, A11-8045-TLS

The court denied summary judgment because fact questions existed as to whether the debtors transferred or concealed property, failed to explain a loss of assets, or made false representations when they withdrew money on a home equity line of credit.

Trevis C. Sallis v. Angela Godbolt (In re Godbolt), Ch. 7, BK11-82472-TLS, A12-8027-TLS (Nov. 2, 2012)

The court denied the plaintiff's motion for default judgment, ruling that, particularly where both parties are unrepresented by counsel, fundamental fairness requires the matter to be set for trial so the court can ascertain whether the elements of the cause of action have been sufficiently established.

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