Jan
03
2014
Sanders v. Community Cars Inc. (In re Sanders)
Ruling:
Car company was liable for damages for repossession of vehicle in violation of stay.
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Consumer case opionion summary, case decided on January 03,2014, LexisNexis #0214-006
Nov
08
2013
McLean v. Green Point Credit LLC (In re McLean)
Ruling:
Creditor violated discharge injunction by seeking payment of same deficiency balance that was basis of claim in debtor's prior bankruptcy.
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Consumer case opionion summary, case decided on November 08,2013, LexisNexis #1213-055
Sep
03
2013
In re Bryan
Ruling:
Trustee's sale of estate property approved absent substantive objection by debtor.
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Consumer case opionion summary, case decided on September 03,2013, LexisNexis #0913-109
Jul
16
2013
In re McLemore
A chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(3).
Ruling:
Untimely motion to extend stay in debtor's second case denied.
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Consumer case opionion summary, case decided on July 16,2013, LexisNexis #0813-008
Jun
17
2013
In re Colonial Brokerage Inc.
The Pension Benefit Guaranty Corporation ("PBGC") filed a motion seeking a determination that its claims, which were filed after the claims bar date, be accorded equal treatment with timely filed claims. The chapter 7 trustee filed an objection to the motion. After having filed a joint stipulation of relevant facts, the parties filed cross-motions for summary judgment.
Ruling:
Late-filed proofs of claim allowed due to insufficient notice of bankruptcy and bar date.
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Commercial case opionion summary, case decided on June 17,2013, LexisNexis #0713-125
Jun
14
2013
Gray v. LVNV Funding LLC (In re Gray)
Debtor brought an adversary proceeding alleging that defendant collection agency, on behalf of defendant creditor, willfully violated the 11 U.S.C.S. § 362 automatic stay by sending seven collection letters with actual or, in the alternative, imputed knowledge of her bankruptcy.
Ruling:
Collection letters sent by creditor and agency did not violate stay given lack of notice or actual knowledge of case.
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Consumer case opionion summary, case decided on June 14,2013, LexisNexis #0813-111
Apr
10
2013
Allison v. Dean (In re Dean)
Plaintiff judgment creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2)(A) and (a)(4) to have his debts discharged, and that a judgment they obtained against the debtor in an Alabama court was nondischargeable under 11 U.S.C.S. § 523(a)(6). The case was tried to the court.
Ruling:
Debts resulting from debtor's negligence were not grounds for denial of discharge.
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Consumer case opionion summary, case decided on April 10,2013, LexisNexis #0513-024
Mar
18
2013
Trailer v. Troy Univ. (In re Trailer)
Plaintiff chapter 13 debtor filed a complaint against defendant university, contending that the university willfully violated the automatic stay, 11 U.S.C.S. § 362(a)(6), by refusing, in an effort to collect a prepetition debt and with knowledge of her bankruptcy, to release a transcript of her academic record.
Ruling:
University's refusal to release transcript due to outstanding prepetition debt violated stay.
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Consumer case opionion summary, case decided on March 18,2013, LexisNexis #0413-040
Mar
11
2013
In re Snow
Before the court were (1) the trustee's motion to dismiss the case with a refiling injunction, (2) the trustee's motion to examine transactions between debtor and attorney, and (3) an application to employ, nunc pro tunc, an attorney.
Ruling:
Case dismissed with refiling injunction due to material default under plan.
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Consumer case opionion summary, case decided on March 11,2013, LexisNexis #0413-064
Aug
15
2012
Perry v. United States (In re Perry)
Plaintiff, a chapter 7 debtor, sought a determination that amounts owed to defendant Internal Revenue Service (IRS) were nondischargeable under 11 U.S.C.S. § 523(a)(1). The court converted the debtor's motion to one seeking summary judgment, and the IRS filed a cross-motion for summary judgment.
Ruling:
IRS debt for years in which debtor did not file timely returns was nondischargeable.
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Consumer case opionion summary, case decided on August 15,2012, LexisNexis #0912-079
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