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§ 1306(b)

Janisch, In re--Smylnycky v. Janisch

Mar
29
2021
Ruling
Court could not order that garnished funds held by bank be released to the Chapter 13 trustee.(Bankr. E.D. Mich.)
Issue(s)
Property of the Estate; Possession by Debtor.

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Consumer opinion summary, case decided on March 29, 2021 , LexisNexis #0521-072
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Brooks v. Prestige Fin. Servs.

Oct
14
2011
Ruling
Consumer protection action against car financer allowed to proceed in interests of creditors.
Procedural posture

Plaintiff Chapter 13 debtor sued defendant car finance company in Maryland state court under the Maryland Consumer Protection Act and state common law. The finance company removed the action to federal district court. The finance company moved to dismiss or, alternatively, to stay. The debtor moved to strike notice of stay.

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Consumer opinion summary, case decided on October 14, 2011 , LexisNexis #1111-035
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In Dispirito

Jul
17
2007
Ruling
Adequate protection payments to undersecured vehicle creditor had priority over debtor's attorneys'fees.
Procedural posture

Chapter 13 debtor and the creditor holding the security interest on her motor vehicle disputed whether the adequate protection payments debtor was making to the creditor was senior or junior in priority to the claim to attorneys fees by debtor's counsel.

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opinion summary, case decided on July 17, 2007 , LexisNexis #0907-054
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