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Judge Timothy J. Mahoney (Retired)
Arbors SS, L.P., Ch. 11, BK04-83569
The appointment of a Chapter 11 trustee under § 1104(a)(2) was in the best interests of the debtor's limited partners, as it would permit them access to the debtor's books and records and allow them to negotiate with creditors to save their investment.
Barbara J. Brown, Ch. 7, BK02-80667
Debtor originally filed Chapter 13 agreeing to a value less than owed for her car. She then converted to Chapter 7 and wanted to redeem for fair market value, an amount less than the value agreed to. Court ruled this is lien stripping and is prohibited.
Alfred Turco v. Lynn Turco (In re Alfred Turco), A98-8064, BK98-81521, Ch. 7
The debtor's share of marital debt assigned to him in divorce was not dischargeable, pursuant to 11 U.S.C. section 523(a)(15)
Ancona Bros. Co. (disclosure statement), BK91-81684, Ch. 11
Extensive discussion of the type of information necessary for a plan and disclosure statement to comply with 11 USC section 1125 and section 1129
Austin S. & Tamara K. Beenblossom, Ch. 13, BK10-40335-TJM
The court allowed a reduced amount of fees for debtors' counsel, after reducing hourly rates for attorneys and non-attorneys and pointing out that clerical tasks should have been included in overhead and counsel hadn't obtained plan confirmation.
Acceptance Ins. Companies, Ch. 11, BK05-80059-TJM
The court denied debtor's motion for an extension of its exclusive period to file a plan & disclosure statement because debtor hadn't shown "cause" Ongoing litigation and approval of the sale of assets would take longer than the requested extension.
Alvin E. & Claudette C. Sekutera v. Mason State Bank (In re Sekutera), A85-279, BK85-1208, Ch. 11
Reported at 62 B.R. 387. An adversary proceeding in which the court determined the extent & validity of lender's security interest in crops, finding inter alia that harvested crop was covered under the financing statement as a product of the growing crop
Asha Distrib., Inc., Ch. 11, BK06-81701-TJM
The court denied an application to employ counsel for the Chapter 11 trustee because proposed counsel had an actual conflict of interest, having previously represented the largest unsecured creditor in the case as well as the creditors' committee.
Arlie Carson v. Ray Arp (In re Arp), Ch. 7, A97-8087, BK95-80897
Prior state court judgment included findings on debtor's false representations & willful and malicious conduct sufficient to collaterally estop him from relitigating them in this section 523(a) action. The state court judgment is non-dischargeable
