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Judge Timothy J. Mahoney (Retired)

Merle Nicola, Trustee v. F.I.E. Corp. (In re Omaha Midwest Wholesale Distributors, Inc.), Ch. 7, BK86-2775, A88-4 (Dec. 19, 1988)

Reported at 94 B.R. 157. Debtor filed a voluntary Chapter 11 petition, effecting a conversion of the existing involuntary Chapter 7 case. The date of commencement relates back to the Chapter 7 filing date and the transfer at issue therefore was post-petition and not avoidable.

Doris Villm v. C.G. Wallace, III, Trustee (In re Harvey Mahloch), Ch. 11, BK82-670, A85-138 (Mar. 24, 1986)

Reported at 62 B.R. 102. A Chapter 11 bankruptcy trustee cannot exercise his powers under § 544 to take title to real property free and clear of the interest of a seller on contract whose deed was mistakenly recorded and whose claim was treated in the plan as a valid secured claim.

Merit Transp. Co. v. Pilgrim's Pride Corp. (In re Merit Transp. Co.), Ch. 11, BK07-82148-TJM, A08-8032-TJM (Sept. 3, 2008)

The debtor filed this adversary proceeding to collect on account for services provided. The defendant demanded a jury trial and did not consent to the bankruptcy court’s jurisdiction. The lawsuit was a simple action to recover money owed to the debtor, so the defendant was entitled to a jury trial, and the lawsuit was filed in the bankruptcy court only because the plaintiff was a debtor in bankruptcy.

Laurie Lee Moore v. U.S. Dep't of Educ. (In re Moore), Ch. 7, BK05-83978-TJM, A06-8095-TJM (June 25, 2008)

The debtor filed this adversary proceeding to discharge student loan debt. After negotiating with the holder of the student loans, she executed a promissory note for a consolidated income-contingent student loan. She subsequently realized that she had misunderstood the terms of the loan, believing that she was not required to make payments when she was unemployed and had no income. However, she learned that the repayment amount was based on her total family income, so – because her husband was earning income – she was expected to make monthly payments.

Jeffrey A. Fischer & Melanie J. Fischer, Ch. 12, BK08-40125-TJM (Feb. 28, 2008)

The court granted the Chapter 12 debtors’ motions to sell property in the ordinary course of business and to use cash collateral of $22,000, finding that the objecting secured creditor was protected by an equity cushion of $178,000. The court also directed the debtors to obtain hazard insurance to protect the collateral for the benefit of the bankruptcy estate and the secured creditor.


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