Wyoming

In re Ford

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a shareholder who owned an interest in an LLC with the debtor and the debtor's wife filed a motion seeking relief under 11 U.S.C.S. § 362(d) so she could seek sanctions against the debtor because he refused to provide deposition testimony in a lawsuit she filed against the LLC in a Wyoming court. The court held a hearing on the shareholder's motion.
Ruling: 
Relief from stay granted to allow shareholder of debtor's LLC to pursue order to require debtor to testify in action against LLC.
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Consumer case opionion summary, case decided on March 26,2013, LexisNexis #0413-076

In re Winchester

This matter came before the court on the Application for Relief from Stay filed by a creditor and the objection filed by debtors. At the conclusion of a hearing, the court took the matter under advisement.
Ruling: 
Relief from stay granted where debtor lacked equity in property not necessary to reorganization, which was not probable in reasonable time.
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Consumer case opionion summary, case decided on March 22,2013, LexisNexis #0413-113

Hernandez v. Hernandez (In re Hernandez)

Plaintiff ex-wife filed a complaint against defendant chapter 13 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(5) as a marital debt. The debtor filed a motion for summary judgment.
Ruling: 
Obligation pursuant to divorce decree to pay one half of mortgage on former marital residence was extinguished on foreclosure and not an ongoing nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on January 28,2013, LexisNexis #0213-083

In re Ford

A chapter 11 debtor filed a motion for an order to show cause and/or for a contempt citation, alleging that a creditor violated the automatic stay under 11 U.S.C.S. § 362(a)(2), (3), and (6) with its pending proceeding in state court to foreclose on property owned by a limited liability company (LLC) and to have a receiver appointed to administer the LLC's rental income.
Ruling: 
Creditor did not violate stay by filing foreclosure against LLC where debtor managing member's mortgage on the property was terminated prior to petition date.
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Consumer case opionion summary, case decided on January 16,2013, LexisNexis #0213-002

In re Wallace

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and an individual ("claimant") who lived with the debtor before the debtor evicted him from property the debtor owned in Wyoming filed multiple unsecured claims against the debtor's bankruptcy estate. The debtor filed an objection to seven claims the claimant filed, and the court held a hearing by video conference on the debtor's objections.
Ruling: 
Claims by creditor with whom debtor had long personal relationship disallowed as based on nebulous oral contract.
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Consumer case opionion summary, case decided on July 16,2012, LexisNexis #0812-044

In re Reedy

This matter came before the court for a telephonic hearing on confirmation of debtor's chapter 13 plan and the standing chapter 13 trustee's objection.
Ruling: 
Confirmation denied due to excessive transportation deduction, resulting in payment of less than all projected disposable income to unsecured creditors.
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Consumer case opionion summary, case decided on June 26,2012, LexisNexis #0712-095

In re Erickson

When debtor moved for confirmation of his third amended chapter 12 plan, the trustee and one creditor objected. At issue was whether plan confirmation under 11 U.S.C. § 1225 was properly denied.
Ruling: 
Confirmation of chapter 12 plan denied due to failure to pay unsecured creditors the same amount as they would received under chapter 7.
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Consumer case opionion summary, case decided on April 26,2012, LexisNexis #0512-098

In re Zeigafuse

Debtors, a husband and wife, filed a joint petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying their creditors. A trustee filed an objection to confirmation of the plan.
Ruling: 
Confirmation denied due to questions regarding income, unreasonable payments and discrimination in favor of student loan creditor.
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Consumer case opionion summary, case decided on April 05,2012, LexisNexis #0512-065

In re Hernandez

The chapter 13 trustee objected to confirmation of an amended plan proposed by a chapter 13 debtor, challenging both the date on which debtor proposed to determine the applicable commitment period and the extent to which post-petition and pre-confirmation changes in household size affected that calculation. At issue was the import, on these issues, of 11 U.S.C.S. § 1325.
Ruling: 
Plan commitment period is to be established based on facts existing on the date of confirmation.
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Consumer case opionion summary, case decided on March 23,2012, LexisNexis #0412-102

In re Marco Inc.

Movant, a shopping mall, sought relief from the automatic stay under 11 U.S.C.S. § 362(d) to continue to enforce its state law remedies based on the termination of a license agreement with the debtor. The court conducted an evidentiary hearing on the motion.
Ruling: 
Creditor mall that accepted adequate protection payments from debtor store was not entitled to relief from stay.
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Commercial case opionion summary, case decided on January 12,2012, LexisNexis #0612-076

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