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Northern District

Wieland v. Miller (In re Miller)

Plaintiff U.S. Trustee requested that the court deny a discharge to defendant Chapter 7 debtors, a husband and wife, under 11 U.S.C.S. § 727(a)(2), (3), (4), (5), and (7).
Ruling: 
Discharge denied due to omissions made with fraudulent intent.
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Consumer case opionion summary, case decided on April 29,2011, LexisNexis #0511-127

In re Miller

An alleged debtor sought dismissal of an involuntary petition filed against him pursuant to 11 U.S.C.S. § 303.
Ruling: 
Involuntary case dismissed where only one of four petitioning creditors held a debt that was not subject to bona fide dispute.
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Consumer case opionion summary, case decided on January 18,2011, LexisNexis #0211-036

Malloy v. Morrison (In re Morrison)

Chapter 7 trustee filed this adversary proceeding against defendant debtors claiming trust funds in a certain trust ("the Trust") as property of the estate. Debtors answered, claiming that the spendthrift provisions contained in the Trust removed the trust funds from the bankruptcy estate, thus placing them outside of the trustee's grasp.
Ruling: 
Trust was not a valid spendthrift trust and was property of the estate where debtor beneficiary could obtain funds on demand.
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Consumer case opionion summary, case decided on November 16,2010, LexisNexis #0111-057

Swinson v. Fritz (In re Lytle)

Plaintiff trustee sought to set aside a deed conveying the debtors' interest in real estate to defendants as either a preference under 11 U.S.C.S. § 547 or a constructively fraudulent transfer under 11 U.S.C.S. § 548(a)(1)(B).
Ruling: 
Trustee could not set aside transfer of real estate where the transferee held only bare legal title subject to a resulting trust.
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Consumer case opionion summary, case decided on November 12,2010, LexisNexis #0111-059

In re Pardee

A bankruptcy debtor received funds derived from her husband's retirement account upon his death, which the debtor placed in her retirement account, and a former spouse of the husband obtained a state-court order enforcing a divorce decree which awarded the spouse half of the husband's retirement benefits. The debtor moved to avoid the spouse's lien on the debtor's account, and the spouse objected to the debtor's exemption of the account.
Ruling: 
Debtor could not claim exemption in retirement funds of which spouse was equitable owner.
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Consumer case opionion summary, case decided on June 02,2010, LexisNexis #0810-085

Carter v. Hall (In re Hall)

Plaintiff creditors filed an adversary proceeding objecting to discharge under 11 U.S.C.S. §§ 523(a)(2), (a)(4), and (a)(6) against defendant chapter 7 debtor. Before the court was an order to show cause why the proceeding should not be dismissed for failure to properly serve the debtor. The creditors sought an extension of time for service under Fed. R. Civ. P. 4(m).
Ruling: 
Court declined to extend time for service of process in dischargeability proceeding.
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Consumer case opionion summary, case decided on June 10,2009, LexisNexis #0809-026

In re Kruger Props. LLC

The debtor filed a chapter 11 bankruptcy petition. The only secured creditor filed a motion to dismiss or, in the alternative, motion for relief from stay pursuant to 11 U.S.C.S. § 362(d), for abandonment of property pursuant to 11 U.S.C.S. § 554(b), and a notice of opportunity for hearing. The debtor did not respond to the motion to dismiss and the court entered an order of dismissal. The debtor moved to vacate the order of dismissal.
Ruling: 
Court refused to vacate dismissal where case was filed solely to frustrate or delay sheriff's sale.
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Commercial case opionion summary, case decided on May 27,2009, LexisNexis #0809-020

In re Quarles

A debtor filed for relief under chapter 7. The movants, a physician and a corporation, filed a motion for determination of the applicability of the automatic stay and notice of opportunity for a hearing. A trustee objected to the motion.
Ruling: 
Order for partial judgment obtained by defendants in case brought by debtor violated stay.
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Consumer case opionion summary, case decided on May 13,2009, LexisNexis #0709-027

In re Reed

The debtors sought approval of a reaffirmation agreement under which they wanted to reaffirm both an automobile loan and a real estate loan. The real estate loan had a substantial balloon payment.
Ruling: 
Reaffirmation of real estate loan with substantial balloon payment would impose undue hardship on debtor.
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Consumer case opionion summary, case decided on April 01,2009, LexisNexis #0609-057

In re Minardi

The debtor moved for approval of a reaffirmation agreement. Debtor's counsel, however, refused to provide the declaration required by 11 U.S.C.S. § 524(c)(3).
Ruling: 
Reaffirmation agreement could not be approved absent counsel's required declaration regardless of liability concerns.
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Consumer case opionion summary, case decided on January 23,2009, LexisNexis #0409-007

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