Northern District

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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Jung Bea Han v. Ge Capital Small Bus. Fin. Corp.(In re Jung Bea Han)

Pursuant to 11 U.S.C. § 362(a)(3), plaintiff chapter 13 debtor filed an adversary proceeding against defendant creditor, seeking compensatory and punitive damages for the creditor's alleged violation of the automatic stay. The creditor filed a supplemental motion for summary judgment.
Ruling: 
Debtor awarded damages where creditor was deemed to have willfully violated the automatic stay by directing debtor to pay a higher interest rate than was required.
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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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James v. Tipler (In re Tipler)

The matter was before the court on plaintiff judgment creditors'objection to discharge pursuant to 11 U.S.C. § 727(a)(2), (3) and (4), and objection to the dischargeability of their claim pursuant to 11 U.S.C. § 523(a)(2), (4) and (6).
Ruling: 
Debtor was denied discharge based on failure to keep recorded information and false oath.
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Turner v. Cornelius (In re Cornelius)

The debtor filed a chapter 7 bankruptcy petition. The United States trustee asserted that the debtor's discharge was to be denied pursuant to 11 U.S.C. §§ 727(a)(2) and 727(a)(4).
Ruling: 
Debtor was denied discharge where the debtor made two material false oaths.
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