Judge Thurman

In re Cranmer

The chapter 13 trustee objected to confirmation of the debtor's plan on the grounds that the debtor could not exclude Social Security Income (SSI) from his projected disposable income (PDI) analysis.
Ruling: 
Social Security income was required to be included in projected disposable income calculation.
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Consumer case opionion summary, case decided on June 28,2010, LexisNexis #0910-135

Elggren v. Wheeler (In re Wheeler)

Plaintiff creditor brought this adversary action against defendant debtor alleging that a $140,000 note was nondischargeable within the meaning of 11 U.S.C.S. §§ 523(a)(2) and (4).
Ruling: 
Note was dischargeable where debtor had no communication with creditor that could give rise to misrepresentation or fraud.
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Consumer case opionion summary, case decided on January 14,2010, LexisNexis #0310-005

United States Trustee v. Garland (In re Garland)

Appellee United States Trustee brought an adversary proceeding against appellant bankruptcy debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4)(A) based on material misstatements and omissions in the debtor's filings. The debtor appealed the order of the United States Bankruptcy Court for the Eastern District of Oklahoma which denied the debtor's discharge.
Ruling: 
Discharge properly denied due to debtor's failure to disclose interest in real property and ownership or control of business assets and accounts.
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Consumer case opionion summary, case decided on September 18,2009, LexisNexis #1009-069

Rupp v. Ayres (In re Fabbro)

A debtor filed a petition under chapter 7. Plaintiff chapter 7 trustee filed causes of action against defendants, a real estate agent, his associate, a real estate company, a transferee, and other defendants, for common law fraud, fraudulent transfer under 11 U.S.C.S. § 548, fraudulent transfer under Utah Code Ann. § 25-6-6 of the Utah Uniform Fraudulent Transfer Act (UFTA), negligence, civil conspiracy, breach of contract, and punitive damages.
Ruling: 
Transfers to real estate agents who misrepresented nature of services to debtor were fraudulent.
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Consumer case opionion summary, case decided on July 29,2009, LexisNexis #0909-052

Bryan v. Clark (In re Bryan)

Appellant debtor sought review of a decision of the bankruptcy court for the District of Colorado, which denied his objection to appellee creditors' claim. The creditors, a company and a related individual, had two judgment liens, which arose out a state court lawsuit filed against the debtor and his wholly-owned corporation.
Ruling: 
Debtor could require creditor to apply proceeds of settlement with non-debtor third parties to satisfy related claim against debtor.
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Consumer case opionion summary, case decided on June 15,2009, LexisNexis #0709-100

In re 3H River Turf Farm LLC

Before the court was a motion by secured creditors for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(2).
Ruling: 
Relief from stay granted based on lack of equity in property after consideration of all liens and encumbrances.
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Commercial case opionion summary, case decided on June 05,2009, LexisNexis #0809-004

Miller v. Christensen (In re Christensen)

Trustee brought an adversary proceeding against debtors seeking revocation of their discharge pursuant to 11 U.S.C.S. § 727(d)(2). The debtors moved to dismiss the adversary proceeding on the grounds that it was barred by the time limits expressed in 11 U.S.C.S. § 727(e)(2).
Ruling: 
Trustee's claim for revocation of discharge was time barred regardless of whether case was properly closed.
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Consumer case opionion summary, case decided on March 30,2009, LexisNexis #0709-065

In re Garner

The chapter 13 debtors requested confirmation of their amended plan. The chapter 13 trustee filed an objection to confirmation on the ground that its proposed treatment of the secured claim of an auto financing creditor violated 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Absence of objection from creditor was not grounds to allow bifurcation of claim secured by "910 vehicle."
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Consumer case opionion summary, case decided on January 06,2009, LexisNexis #0409-130

Weinman v. Graves (In re Graves)

The chapter 7 Trustee appealed an order of the Bankruptcy Court for the District of Colorado denying his motion to compel the debtors to turnover the value of a pre-petition tax refund that the debtors applied to pre-payment of their 2007 taxes, prior to filing their bankruptcy case.
Ruling: 
Bankruptcy court refused to order turnover of prepetition tax refund applied as pre-payment to next year's liability.
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Consumer case opionion summary, case decided on October 22,2008, LexisNexis #1108-079

In re Parker

The successor creditor, the successor in interest to the original creditor of the debtor, moved to reopen the debtor's chapter 7 bankruptcy case, and moved for relief from a judgment entered in favor of the debtor and against the creditors seven years prior based on violations of the automatic stay and the discharge injunction, which judgment the creditor claimed was void, under Fed. R. Civ. P. 60(b)(4).
Ruling: 
Case reopened after seven years and sanctions for stay violation vacated due to improper service.
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Consumer case opionion summary, case decided on August 14,2008, LexisNexis #1108-069

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