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Michaelesco v. United States

Ruling
Action against IRS for violation of stay dismissed.
Procedural posture

Plaintiff taxpayer filed an action claiming that (1) the Internal Revenue Service (IRS) had violated the automatic stay provision of the bankruptcy code, 11 U.S.C.S. § 362, by collecting $ 15,668 from her accounts for taxes she failed to pay, and (2) she experienced emotional distress as a result of the collection. Defendant United States moved to dismiss the action. The taxpayer moved to amend and to transfer venue.

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Consumer opinion summary, case decided on August 10, 2009 , LexisNexis #0909-028

In re Jackson

Ruling
Bankruptcy court properly held that "loss of future earnings" refers only to postpetition future earnings.
Procedural posture

Appellant debtors challenged an order from a bankruptcy court, which found that the term "loss of future earnings" as used in 11 U.S.C.S. § 522(d)(11)(E) referred only to post- bankruptcy petition future earnings.

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Consumer opinion summary, case decided on September 03, 2008 , LexisNexis #0908-136

Republic Credit Corp. I v. Boyer (In re Boyer)

Ruling
Settlement of debtor's spouse's constructive trust claims was proper.
Procedural posture

Appellant unsecured creditor sought review of an order of the bankruptcy court approving a trustee's settlement of certain constructive trust claims against numerous individuals and entities associated with appellee debtor.

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opinion summary, case decided on August 01, 2007 , LexisNexis #0807-137