Judge Brown

Lehman v. Benasco (In re Benasco)

Creditor, the debtor's former attorney, sued defendant debtors under 11 U.S.C.S. §§ 523(a)(2), (a)(4) and (a)(6), seeking a determination that a particular debt was non- dischargeable under the Bankruptcy Code.
Ruling: 
Debt for attorneys' fees was nondischargeable due to debtor's repeated promises to pay and embezzlement.
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Consumer case opionion summary, case decided on June 14,2013, LexisNexis #0813-119

In re Watson

Ruling: 
Law firm acting as special counsel not entitled to administrative expense fees for expenses incurred in separate case of debtor's former business.
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Consumer case opionion summary, case decided on June 12,2013, LexisNexis #0913-076

In re Murphy

Chapter 13 debtor sought to void a sheriff's sale of her home. The foreclosing creditor and now owner of the home sought relief from the automatic stay of 11 U.S.C.S. § 362 to evict the debtor from the home.
Ruling: 
Post-dismissal sheriff's sale could not be voided.
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Consumer case opionion summary, case decided on June 07,2013, LexisNexis #0813-110

In re Towler

Chapter 13 debtor filed a motion to confirm her chapter 13 plan. The chapter 13 trustee objected.
Ruling: 
Confirmation denied due to preferential treatment of state's claim for overpayment of unemployment benefits.
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Consumer case opionion summary, case decided on May 28,2013, LexisNexis #0813-116

Chenaille v. Palilla (In re Palilla)

Creditor filed an adversary complaint alleging that a debt owed by debtor to the creditor should be nondischargeable under 11 U.S.C.S. § 523(a)(4).
Ruling: 
Debtor's liability for partner's embezzlement was nondischargeable.
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Consumer case opionion summary, case decided on May 28,2013, LexisNexis #0813-122

In re Long

A creditor filed a motion seeking a declaration from the court that the automatic stay of 11 U.S.C.S. § 362 was not applicable to a foreclosure sale. The chapter 13 debtor opposed the motion.
Ruling: 
Stay did not apply to foreclosure against leasehold interest held solely by debtor's LLC.
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Consumer case opionion summary, case decided on February 22,2013, LexisNexis #0313-109

In re Patterson

Debtor filed a petition under chapter 7 of the Bankruptcy Code and sought a determination that he was allowed under 11 U.S.C.S. § 522(f) to avoid a lien which a bank placed on real property he owned. The bank filed an objection to the debtor's motion and also objected to a homestead exemption the debtor claimed under Vermont law.
Ruling: 
Debtor could avoid lien on homestead property purchased with equity from former marital residence.
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Consumer case opionion summary, case decided on November 13,2012, LexisNexis #1212-012

Henson v. Bank of Am. (In re Henson)

Plaintiff chapter 13 debtors filed a complaint against defendant bank alleging that the bank violated the automatic stay, 11 U.S.C.S. § 362(a), by allowing a prepetition foreclosure sale date to be continued automatically, from week to week by a public trustee. The bank filed a motion to dismiss the complaint.
Ruling: 
Automatic postpetition week-to-week continuation of foreclosure sale did not violate stay.
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Consumer case opionion summary, case decided on September 11,2012, LexisNexis #1012-044

In re Nance

Chapter 13 debtors objected to a proof of claim filed by a creditor. At issue was how to value a vehicle for purposes of determining the amount due to the creditor under the debtors' chapter 13 plan.
Ruling: 
Averaging method used to establish value of debtor's vehicle for cram down purposes.
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Consumer case opionion summary, case decided on June 22,2012, LexisNexis #0912-137

In re Henderson

This matter came before the court on debtors' Motion to Confirm Chapter 13 Plan and the Objection of the Chapter 13 trustee.
Ruling: 
Debtors' whose prior case was dismissed postdischarge were not eligible for a second discharge.
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Consumer case opionion summary, case decided on June 06,2012, LexisNexis #0612-108

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