Judge Drake

Godfrey v. IRS (In re Godfrey)

Debtors filed an adversary proceeding against defendant Internal Revenue Service (IRS), seeking a determination that taxes the IRS assessed for tax year 2006 were dischargeable in bankruptcy. The parties filed cross-motions for summary judgment.
Ruling: 
Increased tax assessment based on debtor's discharge of indebtedness in foreclosure was nondischargeable.
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Consumer case opionion summary, case decided on August 31,2009, LexisNexis #1209-081

Chase Bank USA v. Bagby (In re Bagby)

Plaintiff creditor brought an adversary complaint against defendant debtor, alleging that a credit card debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). When the debtor filed no responsive pleading, the creditor moved for a default judgment.
Ruling: 
Default judgment as to nondischargeability of credit card debt denied absent allegations of false representation by debtor.
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Consumer case opionion summary, case decided on June 23,2009, LexisNexis #0909-091

In re Bolar

Debtor filed a petition under chapter 13 and a plan for repaying his creditors. The debtor's ex-wife filed a claim against the debtor's bankruptcy estate and an objection to confirmation of the debtor's plan. The debtor filed an objection to his ex-wife's claim.
Ruling: 
Outstanding debt relating to debtor's attempts to divide marital property with former spouse was not entitled to priority status.
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Consumer case opionion summary, case decided on November 05,2008, LexisNexis #0409-078

In re Mitchell

A debtor filed a motion for reconsideration of an order, which dismissed his chapter 7 case for failure to comply with the credit counseling requirement articulated in 11 U.S.C.S. § 109(h).
Ruling: 
Postpetition credit counseling did not satisfy requirement where temporary waiver had been denied.
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Consumer case opionion summary, case decided on June 17,2008, LexisNexis #0708-107

Israel v. Direct Loans (In re Israel)

Defendant United States (U.S.) filed a motion to dismiss plaintiff debtor's complaint to determine the dischargeability of a student loan debt owed to the U.S.
Ruling: 
Debtor allowed opportunity to properly reserve student loan dischargeability complaint upon the U.S. attorney.
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Consumer case opionion summary, case decided on June 13,2008, LexisNexis #0808-129

In re Cagle

A debtor filed for relief under chapter 13 of the United States Bankruptcy code, and a creditor filed two claims pursuant to 11 U.S.C.S. § 501. In an earlier order, the two claims filed by the creditor were disallowed pursuant to 11 U.S.C.S. § 502. The creditor filed a motion for reconsideration of the earlier order disallowing the claims.
Ruling: 
Reconsideration of claim disallowance issued when creditor failed to apear granted on grounds of excusable neglect.
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Consumer case opionion summary, case decided on June 02,2008, LexisNexis #0808-112

In re King

Movant creditor filed a motion for relief from the automatic stay and co- debtor stay, pursuant to 11 U.S.C.S. § 362(d), to permit it to execute a setoff of its obligation to repay the debtor the balance held in the deposit accounts against the debtor's obligation to repay a loan.
Ruling: 
Relief from stay granted to allow execution of setoff.
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Consumer case opionion summary, case decided on May 29,2008, LexisNexis #0808-038

In re Walker

The United States Trustee filed a motion to dismiss a chapter 7 debtors' case for abuse pursuant to 11 U.S.C.S. § 707(b)(3).
Ruling: 
Case ordered converted or dismissed on grounds of abuse where proposed budget allocated excessive amounts for support of debtors' adult children.
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Consumer case opionion summary, case decided on March 05,2008, LexisNexis #0408-120

Watts v. Pride Util. Constr. Inc. (In re Sudco)

Plaintiff trustee filed a motion for clarification and/or reconsideration of a court's earlier order denying summary judgment to the trustee in an adversary proceeding filed by the trustee against defendant company. The trustee had filed a complaint to avoid and recover a preferential transfer on behalf of the estate.
Ruling: 
Payment of large outstanding balance to subcontractor was not made in ordinary course of business and was avoidable.
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Commercial case opionion summary, case decided on January 18,2008, LexisNexis #0508-031

In Norsworthy

The debtor filed an objection to creditor's claim. The debtor asserted in his original objection that the claim should be disallowed because the creditor was a party to pending litigation and could recover amounts under either a title insurance policy or a closing attorney's errors and omissions policy. The debtor asserted in his renewed objection that the claim was contingent and unliquidated.
Ruling: 
Objection to proof of claim overruled to the extent that creditor would not obtain recovery from insurance proceeds.
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Consumer case opionion summary, case decided on December 12,2007, LexisNexis #0308-078

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