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Judge Nugent

In re Dipman

The debtors presented their amended chapter 13 plan for confirmation. The trustee and several creditors object to confirmation, primarily questioning the debtors' good faith in proposing the plan under 11 U.S.C.S. § 1325(a)(3).
Ruling: 
Confirmation of chapter 13 plan denied and case dismissed due to bad faith as evidenced by postpetition business conduct.
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Consumer case opionion summary, case decided on October 29,2009, LexisNexis #1209-061

In re Cook

Creditor, the holder of a security interest in the debtor's motor vehicle, objected to confirmation of the debtor's chapter 13 plan, arguing that the plan failed to comply with the requirements of 11 U.S.C.S. § 1325(a)(5)(B)(ii) because it undervalued the creditor's claim.
Ruling: 
Debtor's vehicle valued as of date of confirmation hearing rather than petition date.
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Consumer case opionion summary, case decided on September 10,2009, LexisNexis #1009-043

In re Wenzel

Debtor's filed a petition under chapter 13, and a trustee was appointed to administer the debtors' bankruptcy estate. The trustee filed an objection to confirmation of the debtors' plan for paying their creditors, claiming that the plan could not be confirmed under 11 U.S.C.S. § 1325(b)(1)(B) because it did not require the debtors to provide all of their projected disposable income to pay unsecured creditors.
Ruling: 
Debtor could not take ownership expense deduction for vehicle owned free and clear.
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Consumer case opionion summary, case decided on September 01,2009, LexisNexis #1009-032

Wilson v. United States (In re Wilson)

Appellant , acting through the Internal Revenue Service (IRS), appealed from the bankruptcy court for the District of Colorado, which entered a summary judgment order holding that tax penalties assessed against appellee debtor for filing frivolous returns under 26 U.S.C.S. § 6702 were dischargeable under 11 U.S.C.S. § 523(a)(7)(B). The frivolous filing penalties pertained to tax years 1997, 1998, and 1999.
Ruling: 
Penalties for frivolous tax returns filed within three years prior to petition date were nondischargeable.
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Consumer case opionion summary, case decided on June 12,2009, LexisNexis #0709-085

In re Greeson

The debtors filed for relief under chapter 13. The debtors filed a motion and a supplemental motion to use cash collateral.
Ruling: 
Limited use of cash collateral allowed subject to conditions due to speculative nature of debtor's business going forward.
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Consumer case opionion summary, case decided on June 02,2009, LexisNexis #0809-060

Parks v. Arkebauer (In re Weinmann)

The chapter 7 trustee, filed an adversary complaint claiming that debtor's transfer of $3000 was preferential within the meaning of 11 U.S.C.S. § 547 and that said sum was properly recovered. Issues included whether a notation on the reverse of the certificate of title, which was held by an auto dealer, created an enforceable security interest under either Kan. Stat. Ann. § 8-135(c)(2) or Kan. Stat. Ann. § 84-9-203.
Ruling: 
Dealer reassignment on vehicle title did not create a security interest so that related funds transfer was avoidable.
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Consumer case opionion summary, case decided on February 26,2009, LexisNexis #0509-050

In re Kiser

Debtor moved to modify his confirmed chapter 13 plan to increase the monthly payment to the trustee and to provide for the payment of $500 in attorney fees to debtor's counsel for plan modification. Both the trustee and the IRS objected to the motion to modify. The IRS objection was resolved before trial, and the only issue for trial was the necessity and reasonableness of the additional fee under 11 U.S.C.S. § 330 and Fed. R. Bankr. P. 2016(a).
Ruling: 
Additional attorneys' fee for representation in plan modification approved in reduced amount.
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Consumer case opionion summary, case decided on January 22,2009, LexisNexis #0309-038

In re Smith

Creditor, the mortgagee by assignment of the debtor, filed an emergency motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(4) or , in the alternative, for an order dismissing the debtor's case under 11 U.S.C.S. § 1307(c), and to bar her from refiling for a period of 180 days. The motions were premised on the fact that the debtor had filed six bankruptcy petitions in the court since 2003, only one of which was successful.
Ruling: 
Debtor's sixth case in five years dismissed with 180-day filing bar due to prejudice to foreclosing creditor.
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Consumer case opionion summary, case decided on September 11,2008, LexisNexis #1208-049

In re Hoss

In two cases, the trustees objected to confirmation of chapter 13 plans because debtors had proposed to deduct as expenses, on Line 47 of Official Bankr. Form B22C, secured debt payment amounts on original, unmodified contracts despite the fact that the actual sums to be paid on the subject debts was being reduced by cram-down or strip-off. At issue was the proper interpretation of 11 U.S.C.S. § 1325(b)(1)(B) and 11 U.S.C.S. § 707(b)(2)(A)(iii).
Ruling: 
Above-median debtors intending to retain collateral can deduct only amounts likely to be paid to secured creditors under plan.
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Consumer case opionion summary, case decided on August 20,2008, LexisNexis #0908-015

In re DeThample

Debtors, a husband and wife, filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A bankruptcy trustee was appointed to represent the bankruptcy estate, and she filed an objection to the debtors' plan, claiming, inter alia, that it should not be confirmed because the debtors failed to include a disbursement the wife received from a 401(k) plan when they calculated their projected disposable income.
Ruling: 
Singular nonrecurring 401(k) distribution could be overlooked in computing debtors' current monthly income.
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Consumer case opionion summary, case decided on July 24,2008, LexisNexis #0908-014

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