Judge Opel

In re Hinkle

Debtor filed a chapter 13 bankruptcy petition and proposed plan. Timely objections to confirmation of the Plan were filed by creditor bank, holder of an oversecured claim.
Ruling: 
Confirmation denied where modification of undersecured claim secured by residential and commercial property would not be cured through plan.
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Consumer case opionion summary, case decided on July 02,2012, LexisNexis #0712-137

Schatz v. Chase Home Fin. (In re Schatz)

Plaintiffs, a Chapter 13 debtor and his wife, filed an adversary proceeding against defendant creditor for violation of the automatic stay under 11 U.S.C.S. § 362(k) and for violations of federal and state consumer protection statutes. Defendant filed a motion to dismiss.
Ruling: 
Statement creditor sent to debtor that was specifically labeled "for compliance and/or informational purposes" did not violate stay.
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Consumer case opionion summary, case decided on July 25,2011, LexisNexis #0811-111

Baker v. Harris (In re Harris)

Creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a) based on the debtor's willful and malicious injury to the creditor, embezzlement and larceny, and fraud. The debtor moved for judgment on the pleadings.
Ruling: 
Claim of nondischargeability based on willful and malicious acts dismissed absent sufficient facts.
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Consumer case opionion summary, case decided on July 14,2011, LexisNexis #0811-082

In re Tufano

Bankruptcy debtors moved to convert their Chapter 7 bankruptcy case to a case under Chapter 13 pursuant to 11 U.S.C.S. § 706(a), and the bankruptcy trustee objected to conversion on the grounds that the debtors were untruthful and could not propose a confirmable Chapter 13 plan.
Ruling: 
Conversion to chapter 13 granted over trustee's objection where debtors' misstatements and omissions were due to erroneous advice of former counsel.
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Consumer case opionion summary, case decided on April 19,2011, LexisNexis #0511-066

Butz v. People First Fed. Credit Union (In re Butz)

Plaintiff debtor filed a motion for summary judgment with respect to the debtor's adversary complaint brought against defendant creditor for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k).
Ruling: 
Computer generated past due statement was a demand for payment of prepetition debt that violated stay.
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Consumer case opionion summary, case decided on March 30,2011, LexisNexis #0411-108

Fidelity Deposit & Discount Bank v. Domiano (In re Domiano)

In this individual Chapter 11 proceeding filed by respondent debtors, a husband and wife, movant, a secured creditor, sought conversion of the case to Chapter 7 and an accounting regarding some of the secured creditor's collateral. The debtors sought dismissal of the conversion motion.
Ruling: 
Case converted to chapter 7 due to gross mismanagement of estate.
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Consumer case opionion summary, case decided on December 28,2010, LexisNexis #0411-065

Caruso v. DeHart (In re Caruso)

Movant, a chapter 13 debtor, sought to amend his confirmed plan under 11 U.S.C.S. § 1329. Respondent chapter 13 Trustee objected to the motion and to the proposed plan.
Ruling: 
Trustee was bound by confirmation of original plan and barred from objecting to identical language contained in proposed amended plan.
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Consumer case opionion summary, case decided on August 06,2010, LexisNexis #0910-061

DeAngelis v. KCs Pub LLC (In re KCs Pub LLC)

U.S. Trustee asserted that respondent bankruptcy debtor-in-possession, which owned and operated a restaurant and tavern serving both food and liquor to the general public, failed to maintain liquor liability insurance coverage. The trustee moved to dismiss the debtor's chapter 11 case for cause under 11 U.S.C.S. § 1112(b)(4)(C) based on the debtor's failure to maintain appropriate insurance.
Ruling: 
Debtor restaurant owner's failure to maintain liquor liability insurance coverage was not grounds for dismissal.
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Commercial case opionion summary, case decided on June 03,2010, LexisNexis #0810-062

DeAngelis v. Rose (In re Rose)

Plaintiff, the acting United States trustee, brought an adversary complaint objecting to the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A). The debtor was alleged to have violated § 727(a)(2)(A) through a series of loan agreements he entered into with private individuals during the one year pre-petition period where he was insolvent.
Ruling: 
Payment of older creditors with proceeds of numerous high interest loans obtained during preference period was fraudulent and grounds for denial of discharge.
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Consumer case opionion summary, case decided on March 12,2010, LexisNexis #0610-023

Wayne Bank v. Johnson (In re Johnson)

Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtor, seeking an order denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2)(A). The debtor filed a motion for summary judgment.
Ruling: 
Motion for denial of discharge denied due to issue of fact regarding auto loans.
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Consumer case opionion summary, case decided on September 23,2009, LexisNexis #1109-058

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