Southern District

In re Ward

Before the court was debtor's modification of plan after confirmation and the chapter 13 Trustee's objections thereto. Debtor filed this modification after confirmation (MAC) seeking to reduce the monthly payments to $200/month because debtor was unable to make the $2,500/month step up payment because his current income and expenses demonstrated the ability to pay less than the amount in the confirmed plan.
Ruling: 
Postconfirmation modification granted over trustee's objection due to failure of debtor to realize anticipated substantial increase in income.
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Consumer case opionion summary, case decided on August 24,2012, LexisNexis #0912-138

In re Moore

A chapter 7 debtor who was incarcerated filed a motion to waive his appearance at the 11 U.S.C.S. § 341 meeting as well as any other hearing that might be required.
Ruling: 
Incarcerated debtor's appearance at §341 meeting of creditors could not be waived.
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Consumer case opionion summary, case decided on August 24,2012, LexisNexis #0912-109

Crouser v. BAC Home Loans Servicing LP (In re Crouser)

After debtor asked the court to approve a settlement with a creditor that had violated the stay in 11 U.S.C.S. § 362, which settlement included a $25,000 payment to debtor, the chapter 13 trustee objected to the settlement to the extent that it allowed debtor to receive the balance of the payment net of attorneys fees. At issue was whether, per 11 U.S.C.S. § 541 and 11 U.S.C.S. § 1306, a § 362(k) claim was property of debtor or of the estate.
Ruling: 
Proceeds of settlement of stay litigation were property of the estate.
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Consumer case opionion summary, case decided on August 20,2012, LexisNexis #0912-053

In re Diaz

Before the court was debtor's motion to waive the personal financial management course requirement. Debtor was incarcerated and averred he lacked the necessary telephone or internet to complete the counseling requirement.
Ruling: 
Incarcerated debtor not entitled to waiver of financial management course requirement.
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Consumer case opionion summary, case decided on August 03,2012, LexisNexis #0912-023

In re Gillis

A chapter 11 debtor filed a motion to abandon property to a bank in full satisfaction of the bank's claim pursuant to 11 U.S.C.S. § 554. The bank objected to the motion, arguing the abandonment in full satisfaction was contrary to the plan's language and the court's previous orders allowing the bank to foreclose on the property.
Ruling: 
Debtor allowed to abandon property but bank could assert deficiency claim.
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Consumer case opionion summary, case decided on July 17,2012, LexisNexis #0812-022

In re Sportsmans Link Inc.

United States Trustee filed a motion to impose a sanction for violation of Fed. R. Bankr. P. 2014 by a law firm, which acted as counsel for debtor while it was in chapter 11 bankruptcy and as special counsel for the chapter 7 trustee upon the debtor's conversion to chapter 7.
Ruling: 
Fees of firm that acted as counsel for debtor and special counsel for trustee reduced due to undisclosed relationships with creditors.
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Commercial case opionion summary, case decided on July 17,2012, LexisNexis #0812-005

Movant v. Thornton (In re Thornton)

The U.S. Trustee filed a motion to dismiss a joint debtor pursuant to 11 U.S.C.S. § 707(a) on the grounds that he was not eligible to receive a discharge under 11 U.S.C.S. § 727(a)(8).
Ruling: 
Ineligibility of debtor for discharge did not mandate dismissal.
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Consumer case opionion summary, case decided on July 12,2012, LexisNexis #0812-058

Best v. GMAC Mortg. LLC (In re Best)

This matter was before the court on a Fed. R. Civ. P. 56 motion for summary judgment filed by defendant creditor brought after the conclusion of discovery in this adversary proceeding to determine the validity, priority, or extent of a lien, whereby plaintiff debtor sought to void, or "strip off," the creditor's lien against certain real property.
Ruling: 
Lien was not stripped off at confirmation, plan completion or discharge where debtor did not establish the lien was wholly unsecured.
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Consumer case opionion summary, case decided on July 05,2012, LexisNexis #0912-098

United States v. Hospital Auth. Of Charlton County (In re Hospital Authority of Charlton County)

United States Trustee filed a motion to dismiss the chapter 9 case of debtor, the Hospital Authority of Charlton County, Georgia. The debtor moved to convert from chapter 9 to chapter 11.
Ruling: 
Chapter 9 case dismissed where debtor's filing had not been authorized by state.
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Commercial case opionion summary, case decided on July 03,2012, LexisNexis #0712-107

In re Randis Inc.

Pursuant to 11 U.S.C.S. § 1121, the "shareholder" sought to file and confirm a small business chapter 11 plan for the small business debtor more than 300 days after the date of the order for relief.
Ruling: 
Confirmation of small business plan denied as not filed within 300 days and case dismissed.
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Commercial case opionion summary, case decided on June 27,2012, LexisNexis #0712-092

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