§ 1328

Hamilton v. Fisher (In re Fisher)

Adversary plaintiff, the chapter 13 trustee, filed a complaint seeking revocation of defendant debtor's discharge, under 11 U.S.C.S. § 1328(e), based upon debtor's allegedly fraudulent claimed homestead exemption of certain real property, pursuant to Kan. Stat. Ann. § 60-2301.
Ruling: 
Inconsistent statements as to residence did not amount to fraud that would defeat homestead exemption.
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Consumer case opionion summary, case decided on January 22,2013, LexisNexis #0213-064

Leavitt v. Finney (In re Finney)

Chapter 13 trustee appealed the U.S. Bankruptcy Court for the District of Nevada's confirmation of appellee debtor's chapter 13 Plan.
Ruling: 
Confirmation reversed due to bankruptcy court error in concluding that debtor was entitled to discharge in chapter 13 case after receiving discharge in prior case converted to chapter 7.
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Consumer case opionion summary, case decided on January 06,2013, LexisNexis #0313-134

Citizens Bank v. Cramer (In re Cramer)

Plaintiff creditor sought a determination that it held a nondischargeable claim against defendant debtors arising from a deficiency balance after the sale of a trailer pursuant to 11 U.S.C.S. § 1328(c)(1). The creditor filed a motion for summary judgment.
Ruling: 
Deficiency judgment from foreclosure of trailer, conducted after debtor failed to make direct payments under assumed contract, was discharged.
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Consumer case opionion summary, case decided on August 27,2012, LexisNexis #0912-101

In re Quint

A special administrator appointed by a county probate court filed a motion to represent the estate and interests of a deceased chapter 13 debtor and to convert the debtor's case to a case under chapter 7.
Ruling: 
Special administrator appointed by probate court could represent interests of deceased chapter 13 debtor.
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Consumer case opionion summary, case decided on June 22,2012, LexisNexis #0712-138

In re Young

Chapter 13 debtors filed a motion for entry of discharge, arguing that they satisfied the payment obligations under their plan. The chapter 13 trustee opposed the motion.
Ruling: 
Motion for discharge in chapter 13 case denied where debtors did not remit all disposable income during plan term.
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Consumer case opionion summary, case decided on April 29,2012, LexisNexis #0612-068

In re Marshall

A chapter 13 debtor's attorney filed a motion seeking a hardship discharge pursuant to 11 U.S.C.S. § 1328(b) because the debtor was deceased.
Ruling: 
Hardship discharge in case of deceased debtor denied due to bad faith.
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Consumer case opionion summary, case decided on April 05,2012, LexisNexis #0512-067

In re Phillips

A creditor filed a proof of claim in a debtor's bankruptcy case for arrearage in the debtor's mortgage payments, but the debtor asserted that the claim was discharged in a prior bankruptcy case of the debtor. The debtor objected to the creditor's claim.
Ruling: 
Debt paid outside plan in debtor's prior chapter 13 case was not discharged.
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Consumer case opionion summary, case decided on January 27,2012, LexisNexis #0212-138

In re Miller

Debtors filed separate petitions under chapter 13 of the Bankruptcy Code and proposed bankruptcy plans that stripped off wholly unsecured second mortgage liens which a bank held on each debtor's residence. The court consolidated the cases to hear a bankruptcy trustee's argument that the debtors could not strip off the second mortgages under their chapter 13 plans because they were not eligible to receive a discharge.
Ruling: 
Ineligibility for discharge did not deprive debtors of ability to modify unsecured second mortgages.
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Consumer case opionion summary, case decided on December 15,2011, LexisNexis #0112-064

In re Jones

A Chapter 13 debtor filed a motion to hold a creditor in contempt for its alleged violation of the court order confirming the debtor's plan by reporting the original loan balance to credit reporting agencies.
Ruling: 
Creditor's postconfirmation reporting of loan debt to credit reporting agency was not grounds for contempt.
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Consumer case opionion summary, case decided on October 21,2011, LexisNexis #1111-133

In re Gloster

Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying her creditors that allowed her to strip-off wholly unsecured junior liens on her home. A trustee who was appointed to administer the debtor's plan filed an objection to the plan, claiming that it could not be confirmed because the debtor was not eligible under 11 U.S.C.S. § 1328(f) to have her debts discharged and had not acted in good faith.
Ruling: 
Chapter 13 debtors who received a chapter 7 discharge and then earned sufficient income to fund plan filed in good faith and were entitled to confirmation of plan.
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Consumer case opionion summary, case decided on October 13,2011, LexisNexis #1211-028

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