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Bankruptcy Law

Bankruptcy: Bifurcation of Secured Claim-Manufactured Home-Anti-Modification Provision

  Debtors filed for Chapter 13 bankruptcy; their plan proposed that appellant’s secured claim in debtor’s manufactured home would be bifurcated into secured and unsecured parts. The bankruptcy court overruled appellant’s objection, ruling that the anti-modification provision of the bankruptcy ...

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Bankruptcy: Bankruptcy Discharge Injunction-Contempt-Preclusive Effect

Plaintiffs appealed the district court’s order affirming the bankruptcy court’s order holding plaintiffs in contempt for violating a final bankruptcy-discharge injunction. On appeal, plaintiffs argued that an earlier bankruptcy court order and related state court judgments ruling that plaintiffs could ...

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Bankruptcy: Class-Action Settlement-Cy Pres Distribution-Disgorgement of Attorneys’ Fees

Petitioner filed a claim against debtor, which acted as class counsel in petitioner’s securities class action. Debtor’s chosen claims administrator fraudulently asserted claims of more than $5.8 million. After distributions to the class, debtor successfully obtained a cy pres distribution ...

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