Northern District

Venn v. Reinhard (In re Reinhard)

Plaintiff trustee filed an action against defendants, a debtor and his spouse, alleging that the debtor's exemption in his homestead real property was limited to $125,000, pursuant to 11 U.S.C. § 522(p), after the debtor claimed a homestead exemption under Fla. Const. art. X, § 4(c). The debtor filed a motion for partial summary judgment.
Ruling: 
Transfer of homestead interest from one property to another in the same state did not trigger limit.
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Consumer case opionion summary, case decided on October 16,2007, LexisNexis #1207-007

In re Welsh

Chapter 13 debtor filed a motion to set aside the requirements of 11 U.S.C. § 109(h) to obtain budget and credit counseling.
Ruling: 
Relief from credit counseling requirement denied absent exigent circumstances or inability to obtain counseling within five days of filing.
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Dees v. United States (In re Dees)

Defendant Government filed a motion for the court to abstain pursuant to 11 U.S.C. § 505(a)(1) in an adversary proceeding to determine the dischargeability of plaintiff debtors'potential tax liability under 11 U.S.C. §§ 523(a)(1) and 507(a)(8).
Ruling: 
Court abstained from determination of dischargeability of debtor's tax liability in no-asset case.
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In re John

Following debtors'voluntarily conversion of their chapter 13 case to chapter 7, the newly-appointed chapter 7 trustee filed a Motion to Compel Turnover of Personal Property of debtors.
Ruling: 
Turnover ordered of property scheduled in chapter 13 petition and remaining in estate on date of conversion to chapter 7.
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In re Covert

A debtor filed a motion to extend the automatic stay under 11 U.S.C. § 362(a) as to all creditors.
Ruling: 
Motion to extend stay filed on 30th day after petition date denied as untimely.
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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 University Center Hotel Inc.

A creditor filed an application, pursuant to 11 U.S.C. § 507(b), for superpriority treatment of its general administrative expense claim against a bankruptcy debtor based on a failure of adequate protection.
Ruling: 
Posting of supersedeas bond sufficient to make creditor whole made superpriority status for claim unnecessary.
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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 Johnson

The court, sua sponte, addressed whether to vacate an order discharging the debtors in bankruptcy, pursuant to 11 U.S.C. § 727(a)(11), for failure to complete a postpetition financial management course.
Ruling: 
Court vacated order discharging debtors and directed them to file certificate reflecting they had completed postpetition financial management course.
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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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