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Western District

In re Cunningham

A county brought motions for stay relief to allow public auctions of the five chapter 13 debtors' foreclosed property to proceed. The debtors sought an opportunity to pay their delinquent taxes through a plan under chapter 13.
Ruling: 
Relief from stay for tax auction after breach of reaquisition agreement granted as prompt cure was not possible.
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Consumer case opionion summary, case decided on January 18,2013, LexisNexis #0313-007

In re Fialkowski

The chapter 7 trustee filed a motion seeking an order directing the debtor to turn money in a bank account over to the trustee under 11 U.S.C.S. § 542. The debtor filed a motion seeking to compel the trustee to abandon the "exempt" bank account under 11 U.S.C.S. § 554(b).
Ruling: 
Motion to compel trustee to abandon exempt bank account granted but stayed until closing of case.
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Consumer case opionion summary, case decided on December 03,2012, LexisNexis #1212-126

Bene v. Educational Credit Mgmt. Corp. (In re Bene)

Debtor sought discharge of her student loan debt under 11 U.S.C.S. § 523(a)(8).
Ruling: 
Student loan debt discharged due to debtor's advanced age and lack of degree or special skills.
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Consumer case opionion summary, case decided on June 26,2012, LexisNexis #0712-140

Wallach v. Countrywide Home Loans Inc. (In re Sheppard)

After receiving a duly executed mortgage on debtor's real property, defendant lender recorded by mistake an unsigned copy of that same instrument. In this proceeding, plaintiff chapter 7 trustee sought to avoid that mortgage pursuant to 11 U.S.C.S. § 544(a)(3). The lender moved for summary judgment. The Trustee cross-moved for summary judgment.
Ruling: 
Lis pendens prevented trustee from avoiding mortgage that was recorded unsigned as bona fide purchaser.
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Consumer case opionion summary, case decided on May 24,2012, LexisNexis #1012-022

In re Fletcher

The United States Trustee (UST) sought dismissal of a chapter 7 debtor's bankruptcy on the ground that the totality of the circumstances constituted abuse under 11 U.S.C.S. § 707(b)(3)(B).
Ruling: 
Case dismissed for abuse where debtor's 401(k) loan payments could more properly be used to fund plan.
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Consumer case opionion summary, case decided on November 10,2011, LexisNexis #1211-090

Tiffany v. Dziedzic (In re Dziedzic)

Creditors, asserting the rights of trust fund beneficiaries under N.Y. Lien Law art. 3-A, filed a complaint against defendant chapter 7 debtor seeking a determination that their claim was nondischargeable under 11 U.S.C.S. § 523(a)(4) because the underlying indebtedness resulted from the debtor's alleged defalcation while acting in a fiduciary capacity.
Ruling: 
Misuse of construction loan proceeds for purposes unrelated to project resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on July 15,2011, LexisNexis #0911-121

In re Wallace

Pursuant to 11 U.S.C.S. § 552(f)(1), the debtors filed a motion to avoid judicial liens on mortgaged real property for which the debtors had no equity and had not formally claimed a homestead exemption on Schedule C. The trustee objected to the debtor's request.
Ruling: 
Debtors could not avoid liens as impairing homestead exemption they had not formally claimed.
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Consumer case opionion summary, case decided on May 12,2011, LexisNexis #0611-051

In re Anderson

Office of the United States Trustee moved to dismiss this chapter 7 case as an abusive filing under 11 U.S.C.S. § 707(b).
Ruling: 
Age and likely retirement of debtor were not "special circumstances" that would prevent abuse dismissal.
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Consumer case opionion summary, case decided on March 21,2011, LexisNexis #0611-093

In re Minor

Debtor filed a petition under Chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee sought approval of an agreement he negotiated to settle a personal injury action the debtor filed prepetition, and filed an objection to the debtor's claim that part of the settlement proceeds were exempt from creditors' claims pursuant to N.Y. Debt. & Cred. Law § 282(3).
Ruling: 
Trustee's settlement of personal injury action that was property of the estate denied as not reasonable.
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Consumer case opionion summary, case decided on February 24,2011, LexisNexis #0311-124

In re L. Frumusa Family Enter. P1 LLC

A creditor filed a motion for order dismissing case and authorizing dissolution of debtor pursuant to 11 U.S.C.S. § 1112(b).
Ruling: 
Case dismissed with prejudice where debtor no longer owned scheduled real or personal property that could be used in reorganization or adjusted in chapter 7.
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Commercial case opionion summary, case decided on February 14,2011, LexisNexis #0311-027

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