Judge Smith

In re Scott

Before the court were two chapter 13 cases where the trustee objected to confirmation because the debtors were not including certain social security benefits in the calculation of "projected disposable income" under 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Social security benefits were not properly included in projected disposable income calculation.
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Consumer case opionion summary, case decided on January 11,2013, LexisNexis #0213-026

In re Brown

The chapter 13 debtor filed a modified plan, which provided that surrender of the trailer (RV) was in full satisfaction of the creditor's claim. The creditor objected to confirmation of this plan.
Ruling: 
Debtor could use §506(a) to value trailer that was not a "910 vehicle."
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Consumer case opionion summary, case decided on December 03,2012, LexisNexis #0113-081

Jet R US LLC v. Colvin (In re Colvin)

In this adversary proceeding, plaintiffs sought a determination that certain claims against defendant debtor were nondischargeable under 11 U.S.C.S. § 523(a)(6), and that the debtor should be denied a discharge under 11 U.S.C.S. § 727(a).
Ruling: 
State court contempt judgment for failure to disclose records was nondischargeable.
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Consumer case opionion summary, case decided on August 28,2012, LexisNexis #1012-086

Tatyung Co. LTD v. Houng (In re Houng)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor based on an arbitration award against the debtor was nondischargeable under 11 U.S.C.S. § 523(a) based on the debtor's fraud and fiduciary defalcation. The creditor moved for summary judgment.
Ruling: 
Arbitration findings established nondischargeability of debt.
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Consumer case opionion summary, case decided on August 01,2012, LexisNexis #1012-013

Pylant v. Pylant (In re Pylant)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant supplier of parts for bankruptcy debtors' fuel systems business, seeking to avoid payments by the debtors to the supplier for parts delivered prior to the debtors' bankruptcy petition as preferential transfers pursuant to 11 U.S.C.S. § 547(b). The supplier moved for summary judgment.
Ruling: 
Debtor's obligation to provide former spouse with replacement home was a nondischargeable domestic support order.
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Consumer case opionion summary, case decided on March 14,2012, LexisNexis #0412-118

In re Pracht

Debtor's chapter 13 plan was before the court for consideration of confirmation. The chapter 13 trustee objected to confirmation.
Ruling: 
Plan proposing to pay separately classified unsecured student loan creditor more than general unsecured creditors did not unfairly discriminate.
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Consumer case opionion summary, case decided on January 10,2012, LexisNexis #0212-032

Kelley v. Murphy (In re McConnell)

Debtor filed a Chapter 7 bankruptcy case. Pursuant to 11 U.S.C.S. § 547, plaintiff trustee filed an adversary proceeding against defendants, a partner and a company, seeking, in part, to avoid as a preferential transfer the debtor's conveyance of an aircraft to defendants. The trustee moved for summary judgment.
Ruling: 
Transfer of aircraft within 90 days of petition date was preferential.
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Consumer case opionion summary, case decided on August 18,2011, LexisNexis #1011-019

Palmdale Hills Prop. LLC v. Lehman Commer. Paper Inc. (In re Palmdale Hills Prop. LLC)

Appellant Chapter 11 debtors brought an adversary proceeding against appellee claimant, seeking to equitably subordinate security interests. The bankruptcy court denied the claimant's motions for relief from the automatic stay under 11 U.S.C.S. § 362(a). The United States Bankruptcy Appellate Panel for the Ninth Circuit (BAP) found that equitable subordination was prohibited by the stay in the claimant's bankruptcy case. The debtors appealed.
Ruling: 
Bankruptcy appellate panel properly held that equitable subordination of security interests would violate stay.
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Commercial case opionion summary, case decided on August 03,2011, LexisNexis #0811-108

Burnett v. Burnett (In re Burnett)

Appellant ex-husband appealed an order of the United States Bankruptcy Appellate Panel for the Eighth Circuit that reversed a judgment of the bankruptcy court that had held that a family court's income-withholding order in favor of appellee ex-wife had contravened a confirmed Chapter 13 bankruptcy plan in that it exceeded the $300-per-month repayment schedule that the plan provided for.
Ruling: 
Confirmed plan had res judicata effect on family court support orders despite violating §1327(a).
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Consumer case opionion summary, case decided on July 20,2011, LexisNexis #0811-069

Bush v. United States Dept of Educ. (In Bush)

Plaintiff Chapter 7 debtor filed a complaint against defendant, the United States Department of Education (DOE), contending that her student loan indebtedness was dischargeable pursuant to 11 U.S.C.S. § 523(a)(8).
Ruling: 
Debtor, whose situation was likely to improve, was not entitled to undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on May 31,2011, LexisNexis #0611-124

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