Judge Thomas

In re Bird

An attorney for the chapter 7 trustee requested reimbursement for fees and expenses incurred prior to the date of the filing of an application to approve the attorney's employment.
Ruling: 
Nunc pro tunc approval of attorneys'fees from period before filing of application for approval denied.
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Consumer case opionion summary, case decided on October 17,2008, LexisNexis #0209-024

Stauder v. eCast Settlement Corp. (In re Stauder)

The debtors objected to three proofs of claim filed by the same creditor. The substance of each objection was that the creditor failed to attach sufficient documentation to the claim form to allow that claim to be accorded "prima facie"validity.
Ruling: 
Credit card proofs of claim supported only by "account summaries" disallowed.
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #0109-028

Schwab v. Beneficial Consumer Discount Co. (In re Bowler)

Defendant lender filed a motion to dismiss plaintiff trustee's adversary complaint to determine that the creditor did not have a secured interest in the debtors'property subject to a mortgage and for damages under the Truth in Lending Act (TILA).
Ruling: 
Bankruptcy court abstained from hearing trustee's claims regarding secured status of creditor's claim and alleged violations of Truth in Lending Act.
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Consumer case opionion summary, case decided on October 14,2008, LexisNexis #0109-027

In re Keuler

Debtor objected to a secured proof of claim for real estate property taxes filed by creditor, a county.
Ruling: 
Tax liens filed against debtor's property during pendency of prior owner's bankruptcy were void.
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Consumer case opionion summary, case decided on May 14,2008, LexisNexis #1008-094

Cash-On-Demand LLC v. Muir House Inc. (In re Muir House Inc.)

Creditor filed two motions seeking, in one instance, the lifting of the automatic stay imposed by 11 U.S.C.S. § 362(a) and , in the other, a motion to prohibit the use of cash collateral.
Ruling: 
Bankruptcy court declined to grant relief from stay or use of cash collateral.
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Commercial case opionion summary, case decided on April 18,2008, LexisNexis #1008-073

DeHart v. Boyd (In re Boyd)

Movant chapter 13 trustee filed an objection to a plan filed by respondent debtors, alleging that the amounts claimed to educate their adult daughter and for their own recreation were over-reaching and should be disallowed under 11 U.S.C. § 707(b)(2)(A).
Ruling: 
Plan expenses for recreation and adult daughter's education disallowed.
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Consumer case opionion summary, case decided on November 06,2007, LexisNexis #0108-078

Sheils v. 65248 Canada Ltd. (In re Mackay)

Citing 11 U.S.C. § 502(d), the chapter 7 trustee objected to two claims filed by a foreign entity on the ground that the claims were expressed in terms of foreign currency. At issue was whether each claim had to be converted to an appropriate exchange rate and, if so, the appropriate date to use to determine the proper exchange rate between the foreign currency in which the claim was expressed and United States dollars.
Ruling: 
Claims filed by foreign entity and expressed in foreign currency was to be valued at exchange rate on judgments were recorded in U.S.
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Consumer case opionion summary, case decided on October 12,2007, LexisNexis #0108-094

In re Bardo

The debtors filed for relief under chapter 13, and submitted a proposed chapter 13 plan. The creditor filed an objection to the proposed plan, asserting that the debtors plan did not make a sufficient payment toward the unsecured creditors based on the amount of projected disposable income claimed by the debtors, subject to the requirements of 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Plan payments to unsecured creditors were sufficient given debtors' proper reliance on projected income based on historic figures set forth in schedules I and J.
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Consumer case opionion summary, case decided on September 07,2007, LexisNexis #0108-087

HSBC v. Lunger (In re Lunger)

Respondent debtors filed a petition under chapter 13, and a plan for repaying their creditors. Objector mortgagee filed an objection to the plan.
Ruling: 
Mortgage on debtors'primary residence could not be modified.
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Stapleton v. Talmadge (In re Talmadge)

Movant United States trustee filed a motion to dismiss a petition which respondent debtors filed under chapter 7, claiming that the debtors were not eligible for chapter 7 relief.
Ruling: 
Debtors could not claim ownership expenses for vehicles owned free and clear and were not eligble under chapter 7.
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