Judge Gerling

In re Thompson

After a city issued a utility shutoff notice to debtors requesting payment on the same day that it received a notice of the debtors'chapter 7 discharge, the debtors sought a finding of contempt and an award of damages and attorneys'fees under 11 U.S.C. § 105(a), alleging that the city violated the discharge injunction under 11 U.S.C. § 524(a).
Ruling: 
Utility shutoff notice, issued on day notice of discharge was received, but then corrected, did not violate discharge injunction.
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In re Brown

In consolidated cases, bankruptcy debtors variously claimed exemptions under state law for cash and a motor vehicle, and one debtor claimed a homestead exemption. A judgment creditor of both debtors objected to the exemptions on the grounds that the state exemptions conflicted with federal bankruptcy law and that the retroactive homestead exemption was an unconstitutional taking.
Ruling: 
State exemption scheme was authorized by bankruptcy code and not in the conflict with federal exemptions.
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In re Reserve Capital Corp.

On remand from the district court, certain debtors raised the issue that the proposed relief previously ordered by the bankruptcy court was an impermissible post-confirmation modification of the previously confirmed plan of the one reorganized surviving chapter 11 debtor. The bankruptcy court had ordered the compromise and payment of claims against the surviving reorganized debtor.
Ruling: 
Court ordered settlement and payment of claims against surviving reorganized debtor was not an impermissible post-confimation modification.
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In re Petrocci

Under consideration by the court were three contested matters resulting from three separate objections to the Chapter 13 Plans of debtors in the three cases treated in the decision. The objecting secured creditors objected to debtor's plans on the ground that those plans did not provide for the payment in full of the creditors'claims mandated by the so-called "hanging paragraph" of 11 U.S.C. § 1325(a)(9).
Ruling: 
Hanging paragraph applied to creditors holding purchase money security interests.
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In re Sullivan

Under consideration by the court was a motion filed by debtor pursuant to 11 U.S.C. § 362(h). Claiming violations of the automatic stay provisions of 11 U.S.C. § 362, debtor requested $10,000 in actual, statutory, and punitive damages against a creditor and its law firm, as well as contingent attorney fees, or, in the alternative, $2,000 in attorneys' fees, and an order vacating and discharging any indebtedness claimed by the creditor.
Ruling: 
Creditor's inclusion of undisclosed preconfirmation attorneys fees and bankruptcy attorneys'fees in payoff letter demanding payment as prerequisite to closing violated stay.
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In re Brickely

Movant creditor sought an order confirming the automatic dismissal of the chapter 13 bankruptcy case based on one of the debtor's failure to comply with 11 U.S.C. § 521(i), where she inadvertently failed to timely submit two payment advice statements. The trustee and debtors moved the court to deny the dismissal order, asserting debtors promptly complied with the requirement and acted in good faith.
Ruling: 
Bankruptcy court declined to dismiss case for debtor's inadvertent failure to file two payment advices.
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In re Williams

A creditor and trustee objected to confirmation of the debtor's amended chapter 13 bankruptcy plan based on the value of the debtor's insurance agency business.
Ruling: 
Confirmation denied due to improper valuation of debtor's insurance agency.
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In re Wilson

Debtors filed a voluntary petition in bankruptcy pursuant to chapter 13 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C. §§ 101 et seq. Debtors, through their attorney, filed a "Request for Waiver of Completion of Instructional Course Concerning Personal Financial Management Based on Exigent Circumstances" (Extension Request). The trustee objected.
Ruling: 
Debtors case was dismissed for failure to comply with credit counseling requirements.
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In re Surprise

The debtors filed a motion against the creditor seeking damages for the creditor's alleged violation of 11 U.S.C. §§ 362 and 524. The creditor filed an opposition to the motion and oral argument was held.
Ruling: 
Debtor's motion for damages for creditor's alleged violation of automatic stay was denied.
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