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judge gerling

In re Surprise

Ruling
Debtor's motion for damages for creditor's alleged violation of automatic stay was denied.
Procedural posture

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.

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opinion summary, case decided on May 04, 2006 , LexisNexis #0606-081

In re Irons

Ruling
Debtor's motion seeking disallowance of claims was denied though debtors could later object to amounts of claims.
Procedural posture

Before the court in a chapter 13 matter was a motion filed by debtors objecting to three proofs of claims filed by a claimant. The claimant filed opposition to debtors'motion with respect to Claim Nos. 5, 9, and 12. Debtors cross-moved for attorney's fees.

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opinion summary, case decided on March 13, 2006 , LexisNexis #0706-013

In re McBride

Ruling
Creditor's deficiency claim was disallowed since the creditor did not reserve a right of relief from potential deficiency.
Procedural posture

A bankruptcy debtor's chapter 13 plan was confirmed and provided for monthly payments to a creditor whose debt was secured by the debtor's vehicle but, upon the debtor's failure to make the plan payments, the creditor repossessed and sold the vehicle. The creditor submitted an amended claim for deficiency, and the debtor moved to disallow the claim.

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opinion summary, case decided on January 09, 2006 , LexisNexis #0206-033