Judge Michael

In re Makres

The debtors filed for relief under chapter 7. The United States Trustee filed a motion to dismiss pursuant to 11 U.S.C. § 707(b)(2). The court issued findings of fact and conclusions of law.
Ruling: 
Presumption of abuse did not arise where debtor properly completed Form B22A means test.
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Consumer case opionion summary, case decided on December 07,2007, LexisNexis #0108-051

Wieland v. Harvey (In re Harvey)

Plaintiff United States Trustee ("UST") objected to the discharge of defendants, a debtor and his co-debtor, pursuant to 11 U.S.C. § 727(a)(4)(A).
Ruling: 
Debtor's failure to disclose assets and material omissions justified denial of discharge but co- debtor spouse was granted a discharge.
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Consumer case opionion summary, case decided on October 16,2007, LexisNexis #1207-034

Davis v. Hoserman (In re Hosterman)

Plaintiff creditor, the former wife of defendant debtor, brought an adversary proceeding to determine whether a hold harmless provision in the parties'decree of divorce, whereby the debtor agreed to hold the former wife harmless as to various credit card debts, constituted a nondischargable obligation of the debtor within the meaning of 11 U.S.C. § 523(a)(15).
Ruling: 
Hold harmless obligation contained in divorce decree was nondischargeable due to BAPCA elimination of "balancing test."
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Consumer case opionion summary, case decided on October 09,2007, LexisNexis #1107-077

Custom Heating & Air Inc. v. Andress (In re Andress)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523. The district court remanded the matter and instructed the bankruptcy court to reassess the damages attributable to loss of goodwill by the creditor as a result of the debtor's willful and malicious conduct.
Ruling: 
Contractual penalty for debtor's violation of non-compete covenant was nondischargeable.
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In re Brown

Before the court was the issue of whether fees paid to the attorney for chapter 12 debtors should be approved postpayment.
Ruling: 
Attorney for debtors in dismissed chapter 12 cases ordered to disgorge fees due to failure to filed application or disclose agreement.
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In re Reynolds

A chapter 13 trustee requested dismissal of the bankruptcy case due to the debtor's failure to timely file his pay stubs, pursuant to 11 U.S.C. § 521(a)(1)(B)(iv).
Ruling: 
Dismissal for failure to file payment advices not required given other evidence of payment received.
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In re Forest Hill Funeral Home & Mem. Park - East LLC

A bankruptcy debtor owned and operated cemeteries, funeral homes, and mausoleums, and filed its chapter 11 bankruptcy petition after becoming unable to honor prepaid contracts for funeral arrangements. A state agency which regulated the funeral home, cemetery, and mausoleum business moved to dismiss the debtor's case or for abstention in favor of pending state proceedings for appointment of a receiver for the debtor.
Ruling: 
Case dismissed for bad faith where funeral home debtor made improper investments, failed to keep adequate records and intended to thwart state enforcement proceedings.
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In re Quick

Two chapter 13 cases came before the court on a creditor's objection to confirmation of debtors'chapter 13 plans.
Ruling: 
Surrender of vehicles to secured creditor resulted in full satisfaction of debt pursuant to "hanging paragraph"precluding claim for deficiency.
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In re Brown

The court conducted a hearing on the role of an attorney who allegedly counseled and provided "ghostwritten" legal pleadings to the debtor, despite his simultaneous role as a secured creditor of the debtor.
Ruling: 
Attorney admonished for assisting debtor with pleadings despite status as secured creditor.
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Citibank v. Chamberlain (In re Chamberlain)

Plaintiff bank filed an adversary proceeding against defendant debtor, claiming that a credit card debt owed to the bank was nondischargeable under 11 U.S.C. § 523(a)(2)(A). The bank moved for summary judgment. The debtor did not respond to the motion.
Ruling: 
Credit card debt excepted from discharge where debtor admitted lack of intent to pay charges when incurred.
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