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judge hopkins

In re Brown

Ruling
Debtors could pay attorneys' fees out of projected disposable income.
Procedural posture

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to confirmation of the debtors' Seconded Amended Plan for repaying their creditors because the debtors proposed to pay their attorney's fees out of their projected disposable income.

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Consumer opinion summary, case decided on April 15, 2008 , LexisNexis #0508-089

In re Gibson

Ruling
Personal injury claim proceeds received after confirmation but prior to conversion were properly excepted by debtors.
Procedural posture

The debtors filed a motion asking the court for a declaration that a personal injury claim and the proceeds therefrom, arising after the filing of their chapter 13 petition and before conversion to chapter 7, was theirs and not property of the estate to be administered by the chapter 7 Trustee. The Trustee objected.

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Consumer opinion summary, case decided on January 17, 2008 , LexisNexis #0208-130

Sherwood v. Sherwood (In re Sherwood)

Ruling
Divorce decree indemnity owed to debtor's spouse for general consumer debts was dischargeable.
Procedural posture

Plaintiff, defendant chapter 7 debtor's ex-wife, brought an adversary proceeding against the debtor, seeking a determination that certain debts owed by the debtor were nondischargeable pursuant to 11 U.S.C. § 523(a)(5) or former 11 U.S.C. § 523(a)(15).

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Consumer opinion summary, case decided on December 19, 2007 , LexisNexis #0308029

In re Wells

Ruling
Creditor entitled to administrative expense claim for deficiency where debtor defaulted on direct car loan payments.
Procedural posture

A chapter 13 creditor sought allowance of an administrative expense pursuant to 11 U.S.C. § 365(g)(2)(A).

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Consumer opinion summary, case decided on November 02, 2007 , LexisNexis #1207-113