Judge Gerling

In re Scalise

The trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy case for failure to comply with 11 U.S.C.S. § 521(a)(1)(B)(iv) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Ruling: 
Case dismissed due to debtor's failure to provide paystub covering petition date.
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Consumer case opionion summary, case decided on October 30,2008, LexisNexis #0109-011

In re Pearl

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to a plan the debtors proposed for repaying their creditors.
Ruling: 
Debtor allowed to claim ownership expense on second vehicle owned free and clear.
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Consumer case opionion summary, case decided on September 10,2008, LexisNexis #1208-047

In re Sydlar

A debtor filed for relief under chapter 13 of the Bankruptcy Code. A trustee sought turnover of sale proceeds that had been given to a creditor after the debtor sold a premises in New Jersey. The proceeds had been transferred to the judgment creditors, who filed an objection to the trustee's motion.
Ruling: 
Debtor's share of proceeds of sale of former marital residence ordered turned over to estate once creditors' claims on proceeds were ruled null and void by state court.
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Consumer case opionion summary, case decided on August 22,2008, LexisNexis #1108-110

In re Matusiak

Debtors requested an award of attorneys' fees in connection with their defense of a motion for relief from the stay filed by a creditor. The creditor's motion also sought attorneys' fees.
Ruling: 
Neither debtors' attorney nor creditors' attorneys were entitled to award of attorneys' fees in stay proceeding.
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Consumer case opionion summary, case decided on August 20,2008, LexisNexis #1108-108

In re Pole

A debtor filed a motion against a creditor alleging that the creditor's post- petition collection activities violated 11 U.S.C.S. § 362(k). The debtor sought actual and punitive damages as well as attorney's fees.
Ruling: 
Service of wage execution based on post-petition judgment despite notice of bankruptcy was a willful violation of stay.
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Consumer case opionion summary, case decided on June 12,2008, LexisNexis #0708-074

In re Clave

Debtor filed her chapter 7 petition on November 16, 2007. On January 23, 2008, her husband died, leaving her as the beneficiary of a life insurance policy in the amount of $ 250,000. On January 30, 2008, she filed a motion to convert her case to chapter 13. The trustee opposed the motion and asserted a possessory interest in the policy proceeds. On March 4, 2008, the trustee filed a motion to compel the Debtor to turnover the proceeds.
Ruling: 
Motion to compel turnover of insurance proceeds denied in absence of bad faith and conversion to chapter 13 granted.
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Consumer case opionion summary, case decided on April 28,2008, LexisNexis #0608-112

In re Noeth Corp.

A debtor filed for relief under chapter 11 of the Bankruptcy Code. A law firm, as counsel for the debtor, filed for consideration an application for final compensation, pursuant to 11 U.S.C.S. § 330. The United States trustee objected to the fee application.
Ruling: 
Debtor's attorneys' fees approved with reductions for prepetition services and travel expenses.
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Commercial case opionion summary, case decided on April 24,2008, LexisNexis #0608-109

In re Churco

Special counsel to the chapter 7 Trustee filed an application for fees. A creditor objected.
Ruling: 
Special counsel not entitled to fees for services that went beyond scope of appointment order.
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Consumer case opionion summary, case decided on April 10,2008, LexisNexis #0508-074

In re Marcello

The debtor filed a motion pursuant to 11 U.S.C.S. § 362(c)(3) for an order extending the automatic stay in her chapter 13 case. The motion was brought on by an order that shortened that time. The debtor had filed a previous chapter 13 case which was dismisssed. The creditor that held the debtor's mortgage objected.
Ruling: 
Debtor who filed second case based on significant increase in income entitled to extension of stay provided mortgage payments remained current.
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Consumer case opionion summary, case decided on March 27,2008, LexisNexis #0508-005

In re Doetsch

After a bankruptcy debtor's chapter 13 plan was confirmed and the debtor made plan payments for almost two years, the debtor received an inheritance and subsequently converted the case to chapter 13. The U.S. Trustee moved for a determination that the inheritance was property of the debtor's chapter 7 estate under 11 U.S.C. § 348(f)(2) because the debtor converted the case in bad faith.
Ruling: 
Debtor's failure to disclose postconversion inheritance was not indicative of bad faith conversion.
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Consumer case opionion summary, case decided on September 12,2007, LexisNexis #1007-097

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