Judge Michael

Rajala v. Taylor (In re Taylor)

Ruling: 
Discharge properly revoked due to debtor's failure to present arguments.
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Consumer case opionion summary, case decided on July 22,2013, LexisNexis #0813-061

In re Loomis

Chapter 13 debtor sought to discharge obligations not dischargeable in a chapter 7 case through a plan that proposed to pay taxes, attorneys fees, and nothing else.
Ruling: 
Confirmation of chapter 13 plan denied as debtor was not an individual with regular income.
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Consumer case opionion summary, case decided on February 25,2013, LexisNexis #0313-071

Williamson v. Westby (In re Westby)

Chapter 7 trustee challenged a decision of the United States Bankruptcy Court for the District of Kansas, which determined that Kan. Stat. Ann. § 60-2315 (2012), providing bankruptcy-only exemption for earned income credit (EIC) tax refunds, was constitutional. The trustee also argued that the bankruptcy court erred in denying her request to file a supplemental brief on an issue under 11 U.S.C.S. § 544(a).
Ruling: 
State bankruptcy-only exemption for earned income credit tax refunds was constitutional.
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Consumer case opionion summary, case decided on February 04,2013, LexisNexis #0213-125

In re Gordon

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's case. The trustee asked the court to impose sanctions on a bank and its counsel, pursuant to 11 U.S.C.S. § 105, claiming that the bank and its counsel impugned his character in a motion they filed with the court and in letters they wrote.
Ruling: 
Rule 9011 did not apply to allegedly defamatory statement against trustee in letter from bank and counsel to U.S. Attorney's Office.
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Consumer case opionion summary, case decided on January 04,2013, LexisNexis #0513-101

Wieland v. Willcut (In re Willcut)

In this adversary proceeding, United States Trustee (UST) requested that the court deny a discharge to defendant debtors under 11 U.S.C.S. § 727(a)(2)(A), (4)(A), and (4)(D).
Ruling: 
Discharge denied due to knowing and fraudulent failure to provide sufficient disclosures in schedules.
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Consumer case opionion summary, case decided on September 27,2012, LexisNexis #1212-061

NJL Invs. LLC v. Smart (In re Smart)

In this adversary proceeding, creditor asked the court to deny defendant debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(4) and (5).
Ruling: 
Discharge denied due to knowing and fraudulent false oaths.
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Consumer case opionion summary, case decided on September 27,2012, LexisNexis #1212-060

In re Atlas Computers Inc.

A chapter 7 trustee filed a motion to approve a settlement of a fraudulent transfer action. Certain creditors (the claimants) who were not parties to the fraudulent transfer action objected to the settlement.
Ruling: 
Settlement of fraudulent transfer proceeding approved as fair, reasonable and in best interests of the estate.
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Commercial case opionion summary, case decided on July 24,2012, LexisNexis #0812-068

In re Willcut

A chapter 7 trustee filed a motion for turnover and accounting, seeking an accounting for, and return of, all monies received by a debtor wife from a limited liability company (LLC) in which she owned an interest.
Ruling: 
Debtor spouse ordered to account for postpetition receipts from LLC in which the spouse owned an interest.
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Consumer case opionion summary, case decided on July 02,2012, LexisNexis #0912-088

In re Lane

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the court issued an order which required the debtor to show cause why her case should not be dismissed because she had not obtained the credit counseling required by 11 U.S.C.S. § 109(h) within 180 days of the date she filed her case.
Ruling: 
Credit counseling received one hour after filing petition did not satisfy requirement.
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Consumer case opionion summary, case decided on May 22,2012, LexisNexis #0612-036

In re Santana

This matter came before the court pursuant to debtor's pro se motion for declaratory Order and brief in support. The motion asserted that the Superior Court of Orange County, California had violated orders of the court as well as the automatic stay, as defined in 11 U.S.C.S. § 362(a). On its face, the motion was unopposed, as the Superior Court had yet to appear in this bankruptcy case.
Ruling: 
State court criminal proceeding was not subject to stay.
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Consumer case opionion summary, case decided on March 09,2012, LexisNexis #0412-039

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