§ 1328

Enigami Sys. v. Baca (In re Baca)

Ruling: 
Nondischargeability under §1328(a)(4) was limited to natural, living individuals.
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Consumer case opionion summary, case decided on February 28,2014, LexisNexis #0914-063

Bailey v. Digirolamo (In re Digirolamo)

Ruling: 
Judgment for battery was nondischargeable.
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Consumer case opionion summary, case decided on January 17,2014, LexisNexis #0214-068

Reed v. Reed (In re Reed)

Ruling: 
False certification of currency of child support payment was grounds for denial of discharge and refiling bar.
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Consumer case opionion summary, case decided on January 14,2014, LexisNexis #0214-032

In re Bouton

Ruling: 
Deceased debtor exempted from filing domestic support obligation form and from financial management course requirement.
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Consumer case opionion summary, case decided on October 07,2013, LexisNexis #1013-137

In re Rogers

A credit union filed a motion seeking a determination that the discharge granted to the chapter 13 debtors did not extinguish their liability for a deficiency arising from a post- discharge default and foreclosure sale. The debtors asserted that the deficiency was not excepted from discharge under 11 U.S.C.S. §§ 1328(a), 1322(b)(5), and 1322(b)(2).
Ruling: 
Unsecured deficiency claim arising from post-discharge default foreclosure was discharged in debtor's case.
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Consumer case opionion summary, case decided on July 08,2013, LexisNexis #0813-031

In re Yarbrough

Chapter 13 debtor filed a motion for an order that would require a creditor, who was the debtor's mortgage company, to evaluate the debtor's mortgage loan for participation under the Home Affordable Modification Program. The creditor argued that the court was without authority or jurisdiction to issue any order.
Ruling: 
Creditor ordered to evaluate debtor's mortgage for participation under Home Affordable Modification Program.
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Consumer case opionion summary, case decided on April 11,2013, LexisNexis #0713-135

In re Johnson

The court notified the chapter 13 debtors that because they had received a chapter 7 discharge in a prior case within four years of this case, it appeared that they were not entitled to a discharge in this case. The debtors responded that their earlier case had been filed under chapter 13, but was later converted to chapter 7, and urged the court to therefore not apply the no-discharge rule.
Ruling: 
Debtor not entitled to discharge in chapter 13 case filed less than four years after prior chapter 7 discharge.
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Consumer case opionion summary, case decided on March 11,2013, LexisNexis #0413-029

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