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Judge Killian, Jr.

In re Cain

A creditor filed a motion for relief from a co-debtor stay under 11 U.S.C. § 1301(a) in a debtor's chapter 13 bankruptcy proceeding.
Ruling: 
Co-debtor stay did not apply to creditor's efforts to collect balance of debt from husband since debtor was no longer liable to creditor for that additional amount on confirmation of plan.
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In re Underwood

The case came on for hearing on the chapter 7 trustee's objection to debtor's claimed exemptions.
Ruling: 
Debtor could only claim federal exemptions since debtor could only claim state exemptions for a state of residence for which debtor had resided two or more years prior to filing.
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In re Univ. Ctr. Hotel Inc.

Creditor bank filed a motion for relief from the automatic stay and for a determination of the extent of the creditor's security interest in certain cash accounts currently maintained by the debtor in possession. The court issued findings of fact and conclusions of law.
Ruling: 
Creditor bank was granted relief from the automatic stay and was allowed to recover the cash collateral deposited with creditor since the cash collateral was subject to a lien agreement and did not exceed the cash collateral available on the filing date.
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In re Frazier

A debtor filed a bankruptcy petition after her prior bankruptcy cases were dismissed, and the debtor sought a bankruptcy stay to preclude an impending foreclosure proceeding against the debtor's property. The foreclosing creditor moved for reconsideration of the bankruptcy court's order which granted the debtor's emergency motion to impose the stay.
Ruling: 
Foreclosure creditor was denied a motion for reconsideration of an order imposing a stay since the debtor's most recent filing was made in good faith and the creditor had received notice of a hearing on the stay.
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In re Carrasquillo

A debtor filed his bankruptcy petition but did not indicate whether he received prepetition credit counseling as required by 11 U.S.C. § 109(h)(1) or file a certificate of such counseling as required by Interim Bankr. R. 1007(c). The debtor was ordered to file the certificate within five days, and a creditor moved for an extension of the time for the debtor to comply with the order.
Ruling: 
Creditor's motion to extend debtor's time to file a certificate of prefiling credit counseling was denied since additional time was not needed to file such a certificate.
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In re Buis

Creditor filed a motion to dismiss chapter 13 debtors'case or convert it to a case under chapter 7.
Ruling: 
Debtors'chapter 13 case was dismissed on a creditor's motion since the creditor's claim of attorneys'fees incurred in obtaining a judgment against the debtors was a noncontingent, liquidated claim that put the debtors over the unsecured debt limit.
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In re OConner

U.S. Trustee filed a motion to dismiss Chapter 7 debtor's case pursuant to 11 U.S.C. § 707(b).
Ruling: 
Debtors did not substantially abuse chapter 7 where they could not fund a plan and had been trying to repay their debts to their detriment.
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In re Booth

Debtors petitioned for bankruptcy relief pursuant to chapter 13 on October 20, 2005. The debtors had not completed the prepetition credit counseling required by 11 U.S.C. § 109(h)(1), and they filed a motion to obtain an exemption from the credit counseling requirement or for an extension of time in which to meet the requirement.
Ruling: 
Debtors were denied motion for exemption from prefiling credit counseling requirement since they had failed to certify that they had requested but were unable to obtain the counseling.
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In re Reams

Bankruptcy debtors asserted that the United States government unreasonably and wrongfully delayed payment to the debtors, as tobacco farmers, under a Tobacco Transition Payment Program ("TTPP"). The debtors contended that the delay caused additional interest to accrue on loans the debtors otherwise would have paid under their confirmed chapter 12 plan, and the debtors moved for sanctions against the government.
Ruling: 
Debtors were denied sanctions motion against the government since the government's delay in payment to the debtor tobacco farmers was brief and not made in bad faith and since the government had not attempted to collect a debt in violation of the automatic stay.
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