Judge McFeeley

United States Trustee v. Vigil (In re Vigil)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtors seeking a denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(2), (4) based on the debtors' failure to disclose ownership of real property and false oaths made by the debtors.
Ruling: 
Discharge denied due to undisclosed property later transferred to debtor's father and false oaths.
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Consumer case opionion summary, case decided on October 09,2009, LexisNexis #1109-091

Skehen v. Bare Bones Graphics (In re Sweet)

Chapter 13 trustee filed an adversary proceeding against defendant creditor, seeking a judgment that a transcript of judgment the creditor recorded against property the debtors owned was a preferential transfer under 11 U.S.C.S. § 547(b). The trustee filed a motion for summary judgment.
Ruling: 
Recording of judgment transcript against debtors' property was an avoidable preferential transfer.
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Consumer case opionion summary, case decided on February 25,2009, LexisNexis #0509-087

Tso v. Nevarez (In re Nevarez)

Plaintiff passenger filed an adversary proceeding against defendant debtor, seeking a judgment that damages the debtor owed him for injuries he sustained in a motor vehicle collision were nondischargeable under 11 U.S.C.S. § 523(a)(6). The debtor filed a motion for summary judgment.
Ruling: 
Damages owed to passenger in motor vehicle accident cased by debtor were dischargeable absent intent to cause injury.
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Consumer case opionion summary, case decided on February 25,2009, LexisNexis #0509-083

In re Sterling Dev. Inc.

Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code, and a bank filed a motion seeking relief from the automatic stay that was imposed, pursuant to 11 U.S.C.S. § 362, when the debtor declared bankruptcy. The debtor opposed the bank's motion, claiming that it should be given the opportunity to propose a plan of reorganization, as contemplated by 11 U.S.C.S. § 362(d)(3).
Ruling: 
Stay modified for limited purpose of allowing bank to obtain final court approval of foreclosure sale.
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Commercial case opionion summary, case decided on January 26,2009, LexisNexis #0309-074

Hernandez v. Dorado (In re Dorado)

A chapter 13 trustee objected to the confirmation of a debtor's plan, rebutting the debtor's disposable income determination under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Breach of home construction contract did not give rise to nondischargeable debt.
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Consumer case opionion summary, case decided on December 16,2008, LexisNexis #0209-045

Suelflow v. Ambank (In re Suelflow)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant judgment creditor alleging that the creditor's judicial lien constituted a preferential transfer, and seeking under 11 U.S.C.S. § 522(f) to avoid the lien which impaired the debtor's homestead exemption. The debtor moved for summary judgment.
Ruling: 
Debtor could claim new higher homestead exemption in order to avoid lien filed prior to increase in amount of exemption by state.
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Consumer case opionion summary, case decided on October 10,2008, LexisNexis #0209-009

New Mexico ex rel. King v. Johnson (In re Johnson)

Plaintiff State of New Mexico filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a debt the debtor owed was nondischargeable under 11 U.S.C.S. § 523, and a judgment denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2) and (4). The State filed a motion for summary judgment.
Ruling: 
Discharge denied due to debtor's false statements and concealment of property received from deceased mother's estate.
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Consumer case opionion summary, case decided on September 24,2008, LexisNexis #0209-016

In re Orbit Petroleum Inc.

Creditors filed a motion to dismiss alleging several deficiencies as cause for dismissal or conversion under 11 U.S.C.S. § 1112(b).
Ruling: 
Motion to dismiss or convert case denied where debtor proposed chapter 11 plan that would pay creditors in full.
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Commercial case opionion summary, case decided on September 05,2008, LexisNexis #1208-126

Pearson v. Stewart (In re Pearson)

Appellants, chapter 13 debtors, challenged an order of the Bankruptcy Court for the District of Wyoming confirming debtors' third amended plan on the ground that the bankruptcy court had erred in denying confirmation of their prior proposed plan in which they claimed vehicle acquisition allowances for two vehicles. The proper interpretation and application of the "means test" in 11 U.S.C.S. § 707(b)(2)(A)(ii)(I) was at issue.
Ruling: 
Bankruptcy court erred in denying debtor's ownership expense on vehicle owned free and clear.
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Consumer case opionion summary, case decided on July 28,2008, LexisNexis #0808-081

Schlueter v. State Farm Mut. Ins. Co. (In re Schlueter)

Plaintiff debtor challenged an order of the U.S. Bankruptcy Court for the District of Colorado which granted summary judgment to defendant claimant. At issue was the bankruptcy court's finding that 11 U.S.C.S. § 523(a)(3)(A) precluded debtor's discharge of the claimant's unlisted claim.
Ruling: 
Bankruptcy court erred in holding unlisted claim nondischargeable given disputed factual issue of debtor's knowledge of claim.
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Consumer case opionion summary, case decided on July 14,2008, LexisNexis #0808-063

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