Judge Lamoutte

In re Quiles

Bankruptcy debtors proposed a plan which provided for inclusion of student loan debt for which the debtors co-signed in a classification of co-signed debts which received more favorable treatment than other unsecured debts. The bankruptcy trustee objected to confirmation of the plan based on unfair discrimination among unsecured creditors as prohibited by 11 U.S.C.S. § 1322(b)(1).
Ruling: 
Confirmation of plan denied due to improper separate classification of student loan debt incurred by debtor for child.
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Consumer case opionion summary, case decided on October 18,2012, LexisNexis #1112-099

In re Zamora

Chapter 13 debtors filed a motion for contempt and sanctions against a homeowner's association for an alleged violation of the automatic stay under 11 U.S.C.S. § 362(a).
Ruling: 
Homeowners' association's postpetition actions to collect postpetition assessments did not violate stay.
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Consumer case opionion summary, case decided on September 28,2012, LexisNexis #1212-041

In re Ramirez

Petition preparer was ordered to show cause why he should not be found to have violated 11 U.S.C.S. §§ 110, 526 and 528 and why he should not be penalized and enjoined to act as a bankruptcy petition preparer pursuant to 11 U.S.C.S. 110(h)(4), (j)(2)(B) and (j)(3).
Ruling: 
Bankruptcy petition preparer enjoined from acting as such due to failure to serve needs of debtors, most of whose cases were dismissed.
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Consumer case opionion summary, case decided on September 14,2012, LexisNexis #1012-003

In re De Jesus

The court issued a show cause order to a petition preparer asking him to show cause that he had not violated 11 U.S.C.S. § 110(d) and § 110(e)(1).
Ruling: 
Bankruptcy petition preparer fined due to prima facie violations, including signing of petitions.
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Consumer case opionion summary, case decided on September 14,2012, LexisNexis #1012-002

In re Vila

After the U.S. Trustee (UST) directed the court's attention to claimed errors on the part of a bankruptcy petition preparer, the court ordered the preparer to show cause why he should not be found to have violated various statutes including 11 U.S.C.S. § 110 and why he should not be enjoined from continuing to act in such capacity and otherwise penalized. The preparer did not answer the order to show cause but he appeared at the hearing.
Ruling: 
Bankruptcy petition preparer enjoined from acting in that capacity due to numerous defective and dismissed filings.
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Consumer case opionion summary, case decided on September 14,2012, LexisNexis #1012-001

In re Mendez

A special counsel filed an application for compensation pursuant to 11 U.S.C.S. § 328 for the legal services he rendered representing a bankruptcy estate in a state court matter. The United States Trustee (UST) objected to the special counsel's motion and moved for summary judgment.
Ruling: 
Special counsel's fees denied due to payment of proceeds of judgment in favor of estate to debtor without informing trustee.
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Consumer case opionion summary, case decided on August 09,2012, LexisNexis #0912-070

Lerner Master Fund LLC v. Paige (In re Paige)

Creditor sought to obtain a brief extension of time to file an adversary complaint to deny the dischargeability of its debt against defendant debtors, who had been its fund managers, pursuant to Fed. R. Bankr. P. 4007(c).
Ruling: 
Extension of time to file nondischargeability proceeding granted due to debtor's delay in providing information.
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Consumer case opionion summary, case decided on August 01,2012, LexisNexis #0812-104

In re Franco

A secured creditor filed a motion to dismiss pursuant to 11 U.S.C.S. § 1112(b)(1). The debtor in possession opposed the motion.
Ruling: 
Case dismissed due to failure of administratively insolvent debtor to file monthly reports of operation, disclosure statement or plan.
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Consumer case opionion summary, case decided on July 27,2012, LexisNexis #0812-133

In re Arroyo

Debtor's case came before the court for a hearing to consider a bank's motion requesting retroactive relief from the automatic stay in order to validate a judicial sale of real property executed after the petition date.
Ruling: 
Retroactive relief from stay granted to validate judicial sale of real property conducted less than 24 hours after petition was filed.
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Consumer case opionion summary, case decided on July 12,2012, LexisNexis #0812-075

In re Hernandez

The chapter 7 trustee filed an objection to debtor's motion to inform an amendment of his schedules B and C to change the value of a case he held as plaintiff in a non-federal court of first instance, and to amend his claimed exemptions, under 11 U.S.C.S. § 522, based on that new value.
Ruling: 
Trustee's objection to debtor's timely motion to amend value of cause of action and related exemption denied.
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Consumer case opionion summary, case decided on June 14,2012, LexisNexis #0712-098

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