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Northern District

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 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 Quarles

On motion of appellee trustee, a debtor was allowed to reopen her bankruptcy case to amend her schedules to include an omitted medical malpractice action against appellants, underlying defendants. Appellants were not notified of the motion and moved to vacate the order allowing the case to be reopened. The motion was denied. Appellants challenged the bankruptcy court's denial. A magistrate recommended denying their appeal. Appellants objected.
Ruling: 
Defendants in debtor's medical malpractice action lacked standing to appeal reopening of case to amend schedules and include claim.
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In re Cloud

The court noted that 11 U.S.C. § 521(i)(1) provided for the automatic dismissal of voluntary individual cases effective on the 46th day after the date of the filing of the petition if the documents described in 11 U.S.C. § 521(a)(1) were not filed within 45 days after the petition date. The court noted that it had no discretion to enlarge the time limitations of 11 U.S.C. § 521(i)(1) after the expiration of those time limitations. The husband debtor failed to timely file copies of all his payment advices as required by 11 U.S.C. § 521(a)(1)(B)(iv). As a result, the bankruptcy case as to the husband debtor was automatically dismissed by operation of statute. The wife debtor declared, under penalty of perjury, that she did not receive any payment advices or other evidence of payment from any employer at any point during the 60 days before the petition date. Accordingly, the chapter 13 case as to the wife debtor was not dismissed.
Ruling: 
Case dismissed due to debtors' failure to timely file required copies of payment advices.
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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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In re Hentges

Petitioning creditors sought an order for relief against an alleged debtor under chapter 7 of the Bankruptcy Code. The creditors claimed that they were eligible to file an involuntary petition under 11 U.S.C. § 303(b) and that, except for debts that were subject to a bona fide dispute as to liability or amount, the debtor was generally not paying his debts as they became due.
Ruling: 
Involuntary petition properly filed against debtor who was hostile, litigious and used sham and artifice to avoid paying creditors.
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In re Stillwell

A bankruptcy debtor sought to retain her vehicle even though the debtor's available income was insufficient to make payments on the debt secured by the vehicle. The debtor sought approval of a reaffirmation agreement with the secured creditor under 11 U.S.C. § 524(m)(1).
Ruling: 
Reaffirmation agreement approved where debtor failed to show enforcement would cause undue hardship.
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Custom Heating & Air Inc. v. Andress (In re Andress)

Plaintiff judgment creditor brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor willfully and maliciously violated a covenant not to compete with the creditor and that the judgment debt based on such misconduct was not dischargeable pursuant to 11 U.S.C. § 523(a)(6). The bankruptcy court conducted a trial.
Ruling: 
Debt related to debtor's violating covenant not to compete was deemed nondischargeable since debtor admitted to competing.
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