Judge Caddell

In re Fisher

Debtor filed for relief under chapter 13 of the Bankruptcy Code. The debtor filed a complaint against defendant credit union seeking the turnover of property pursuant to 11 U.S.C.S. § 542. The debtor sought an order requiring the credit union to turnover title to the debtor's vehicle or an order releasing the lien. The debtor filed a motion for entry of default.
Ruling: 
Debtor's motion for default in turnover proceeding denied due to improper service upon credit union.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1108-035

First Commercial Bank v. Johnson (In re Johnson)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523 and to deny the debtor his discharge pursuant to 11 U.S.C.S. § 727.
Ruling: 
Discharge denied due to debtor's provision of false personal and business financial statements to creditor.
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Consumer case opionion summary, case decided on May 21,2008, LexisNexis #0808-020

In re Moon

The debtor moved to confirm her chapter 13 plan. Creditor filed an objection to confirmation on the grounds that it was not adequately protected by the debtor's proposed plan pursuant to which the debtor proposed to surrender the creditor's collateral, a vehicle, in full satisfaction of the creditor's claim.
Ruling: 
Creditor subject to "hanging paragraph"had no basis to assert unsecured claim after surrender of vehicle.
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In re Miller

Chapter 13 trustee in bankruptcy filed objection to the confirmation of debtors'proposed chapter 13 plan, on the ground that the debtors did not commit all of their projected disposable income to make payments to unsecured creditors as required by 11 U.S.C. § 1325(b)(1)(B). At issue was the proper application of the disposable income test to above median income debtors under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Ruling: 
Above median income debtors'disposable income properly calculated using IRS standards and Form B22C.
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In re Smith

The chapter 7 trustee filed a motion for authority to sell assets free and clear of liens by sealed bid. Prior to filing the instant motion for authority to sell, the trustee filed a previous motion and a potential buyer submitted an offer. The potential buyer objected to the instant motion alleging that he and the trustee had an agreement to sell the property with the only contingency being court approval of the sale.
Ruling: 
Objection to trustee's motion to sell assets overruled where objector's alleged prior agreement with trustee could not have been entered into absent court approval.
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