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judge mullins

In re Foster

Ruling
Court considered both future and historic finances of debtor in determining projected disposable income.
Procedural posture

A debtor filed a petition for relief under chapter 13, and a plan for repaying his creditors. The chapter 13 trustee filed an objection to the plan.

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opinion summary, case decided on May 08, 2007 , LexisNexis #0807-093

Huntington Natl Bank v. Cho (In re Cho)

Ruling
Auto loan was nondischargeable as debtor provided materially false income information in application.
Procedural posture

Plaintiff bank claimed it loaned money to defendant debtor to buy a car. Debtor began monthly installments on the loan in March, 2003. The bank alleged it had a claim against debtor in the amount of $19,149.96 and attorney's fees. The bank filed a complaint, alleging its debt was nondischargeable under 11 U.S.C. § 523(a)(2)(A) (count 1) and (a)(2)(B) (count 2). The bank moved for a default judgment for a second time.

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opinion summary, case decided on March 21, 2007 , LexisNexis #0607-087

In re Allied Holdings Inc.

Ruling
Creditor held in contempt for failing to vacate postpetition default judgment for prepetition debt upon notice of bankruptcy.
Procedural posture

Creditor, a motorist injured in an accident by one of debtors'employees, obtained a $1.5 million default judgment before learning of debtors'pending bankruptcy case. He then moved for relief in the form of an annulment of the automatic stay. Debtors filed a motion for contempt against the creditor and his attorneys for refusing to vacate the judgment, and sought an award of damages, pursuant to 11 U.S.C. § 105(a).

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opinion summary, case decided on October 10, 2006 , LexisNexis #0107-120

In re Grady

Ruling
Debtors were not bound by calculation of monthly disposable income in Official Form B22C, and plan was confirmed since sections 1323 and 1329 allowed for modification of plan due to changed circumstances.
Procedural posture

Debtors filed a voluntary petition for relief under chapter 13. Debtors filed a proposed plan of reorganization. The chapter 13 trustee filed an objection to confirmation and requested dismissal of the case.

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opinion summary, case decided on July 21, 2006 , LexisNexis #0806-119

In re Grady

Ruling
Plan was confirmed over objections since debtors were allowed to pay projected disposable income under Schedule J.
Procedural posture

Movant bankruptcy trustee filed objections to confirmation of non-movant debtors'chapter 13 plan and requested dismissal of the debtors'case.

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opinion summary, case decided on June 21, 2006 , LexisNexis #0706-081