Eastern District

In re Giles

A bankruptcy debtor obtained a loan from a creditor which was secured by the debtor's automobile, and the debtor defaulted on the loan prior to filing her bankruptcy petition, but the creditor did not repossess the automobile. The creditor moved for relief from the automatic stay to enforce its lien, and the debtor moved to avoid the lien under 11 U.S.C. § 522 as impairing the debtor's exemption of the automobile as a tool of her trade.
Ruling: 
Debtor was granted motion to avoid a creditor's lien in an automobile since the lien was nonpossessory and impaired debtor's exemption of the automobile as a tool of debtor's trade.
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In re Meyers

Movant Chapter 7 debtor sought monetary sanctions against respondent creditor for its alleged willful violation of a discharge injunction. The bankruptcy court held a hearing on the motion.
Ruling: 
Debtor was granted motion for sanctions against creditor for violating discharge injunction by continuing to call debtor multiple times to attempt to collect.
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In re Uzialko

Movant chapter 13 debtors filed a motion to compel respondent United States, on behalf of its agency, the IRS to consider an offer-in-compromise submitted by the debtors during the pendency of their bankruptcy case. The court held a hearing on the motion
Ruling: 
Debtor's motion to compel IRS to consider debtor's offer-in-compromise rather than proceed under plan confirmation process was denied.
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Cozzone v. Ingui (In re Ingui)

Adversary plaintiff, a judgment creditor of defendant debtor, sought to have the default judgment for $3.8 million he had secured in a state court excepted from the debtor's discharge pursuant to 11 U.S.C. § 523(a)(6).
Ruling: 
Default judgment was deemed dischargeable since the creditor did not demonstrate that the debtor had willfully and maliciously caused or intended to cause injury to the debtor.
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In re Savoie

Before the court was debtors'motion pursuant to Fed. R. Civ. P. 59(e) for reconsideration of the court's order granting the motion of the trustee to dismiss their chapter 7 case for substantial abuse pursuant to 11 U.S.C. § 707(b).
Ruling: 
Court affirmed ruling that the debtors'$15,000 expenditure for private school tuition for their daughter constituted a substantial abuse of chapter 7.
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Miller v. MBM Corp. (In re Ameriking Inc.)

Plaintiff chapter 7 trustee filed an original complaint seeking recovery from defendant transferee of eight alleged transfers aggregating $1,222,901 under 11 U.S.C. §§ 547, 548, 502(d) and 550. The amended complaint asserted the same claims as the original complaint, but added a new two-page exhibit "B," detailing 56 apparently additional transfers totaling $4,959,980. The trustee moved for leave to file a second amended complaint.
Ruling: 
Trustee was denied a motion to further amend a transfer avoidance action complaint on procedural grounds and since the proposed new cause of action was barred by Code section 549(d)'s two-year limitations period.
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In re Farthing

Bankruptcy debtors listed the value of their residence in their schedules and claimed an exemption to the maximum amount allowed under state law, and existing liens and the exemption resulted in no equity in the residence. The debtors objected to the trustee's proposed sale of the residence for substantially more than its listed value.
Ruling: 
Court rejected debtors' argument that trustee needed to timely object to the valuation of debtors'residence since Rule 4003(b) only required a timely objection to the exemption in the residence.
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In re Ellis

Movant chapter 13 debtor sought to continue the automatic stay beyond the 30-day period. Respondent mortgage holder and trustee objected. The bankruptcy court held an evidentiary hearing.
Ruling: 
Debtor was denied a continuation of the bankruptcy stay in a second filing since the debtor had not overcome the presumption of filing in bad faith.
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In re DiPinto

Debtor filed a chapter 13 petition without having first obtained credit counseling as required by the Bankruptcy Abuse Prevention and Consumer Protection Act. In lieu of a certificate reflecting completion of credit counseling, debtor's counsel filed a request for a waiver of that requirement, pursuant to 11 U.S.C. § 109(h)(3).
Ruling: 
Waiver of credit counseling requirement was denied, and the case was dismissed since the debtor had failed to demonstrate that the debtor had sought counseling in advance of filing.
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Gruver v. United States Dept of the Treasury (In re Gruver)

Plaintiffs, joint bankruptcy debtors, brought an adversary proceeding against defendant United States, alleging that the government violated the automatic bankruptcy stay by offsetting the debtors'income tax refund against the prior tax liability of one of the debtors.
Ruling: 
Debtors failed to show that the IRS had intentionally violated the automatic stay since the IRS reversed its offsetting of the debtors' refund against a prior tax liability once it became aware of the bankruptcy case.
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