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§ 1330

In re Leverett

Jan
23
2013
Ruling
Failure to disclose pending criminal case was not grounds for revocation of confirmation.
Procedural posture

Chapter 13 trustee's filed a motion, pursuant to 11 U.S.C.S. § 1330, to revoke the order confirming the debtors' chapter 13 plan as procured by fraud.

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Consumer opinion summary, case decided on January 23, 2013 , LexisNexis #0213-066
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In re Miller

May
14
2010
Ruling
Confirmation order revoked due to improper service upon second mortgagee whose mortgage debtor sought to cram down.
Procedural posture

The chapter 13 debtors brought an adversary proceeding against creditor, the second mortgagee on their residence, seeking to modify and cram down the part of the mortgage that exceeded the appraised value of the residence. The second mortgagee sought reconsideration of the modification order and dismissal of the adversary complaint, arguing it had not been properly served under Fed. R. Bankr. P. 7004(h).

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Consumer opinion summary, case decided on May 14, 2010 , LexisNexis #0710-098
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Foster v. Onyx Inv. L.L.C. (In re Foster)

Mar
15
2006
Ruling
Court ruled that the debtors could avoid the creditor's lien, assigned to the creditor by a predecessor in interest, since the debtors confirmed plan stripped away the lien and discharged the underlying debt.
Procedural posture

Plaintiff discharged bankruptcy debtors reopened their bankruptcy case and brought an adversary proceeding against defendant creditor, an assignee of a predecessor in interest, seeking to enjoin the creditor from attempting to enforce its lien against their real property on the ground that the lien was stripped and the underlying debt was discharged. The debtors and the creditor cross- moved for summary judgment.

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opinion summary, case decided on March 15, 2006 , LexisNexis #0406-068
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In re Thomas

Feb
13
2006
Ruling
Order confirming the debtors'plan was vacated, and sanctions were imposed on the debtor 's counsel based on intentional misrepresentations of the debtor 's tax liability that constituted fraud.
Procedural posture

Bankruptcy debtors'chapter 13 plan provided for payment of the debtors'federal tax liability and the plan was confirmed, but the government subsequently filed a proof of claim for substantially greater tax liability. The debtors stipulated to the claim, and the bankruptcy court considered whether debtors and their counsel intentionally misrepresented the debtors'tax liability.

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opinion summary, case decided on February 13, 2006 , LexisNexis #0306-101
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