Judge McCullough

In re Meyers

Creditor filed a motion for approval of a reaffirmation agreement that it entered into with the debtor.
Ruling: 
Creditor's motion for approval of reaffirmation agreement denied as moot since agreement would automatically be approved upon entry of discharge.
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Zebley v. Davis (In re Davis)

The chapter 7 trustee objected to the debtor's claimed exemption of residential realty. The basis for the trustee's exemption objection was that, as of the date of the debtor's bankruptcy petition filing, a divorce action was pending between the debtor and his wife, and that the filing of such divorce action, according to the trustee, immediately terminated the tenancy by the entirety.
Ruling: 
Property owned by the enirety on petition date could be exempted despite pending divorce and equitable distribution.
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GE Money Bank v. LaBovick (In re LaBovick)

Plaintiff creditor brought an adversary action against defendant debtor, so as to have its prepetition claim for $9,127 of prepetition credit card charges by debtor declared nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (C). The matter was pending decision following trial.
Ruling: 
Debtor rebutted presumption of nondischargeability with credible testimony that relocation and termination of business were not contemplated at the time debt was incurred.
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Naylor v. New Jersey Higher Educ. Student Assistance Auth. (In re Naylor)

Plaintiff debtor sought a determination that a student loan debt owed to defendant creditor was discharged pursuant to 11 U.S.C. § 727 rather than was nondischargeable pursuant to 11 U.S.C. § 523(a)(8).
Ruling: 
Student loan debt was discharged upon finding of undue hardship
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Cardiello v. Seaton (In re Seaton)

Movant chapter 7 trustee objected to respondent debtor's claim that his interest in a 401(k) plan was excluded from his bankruptcy estate or exempted.
Ruling: 
Debtor's interest in 401(k) plan was deemed not excluded from estate unless exempted as reasonably necessary for support of debtor and debtor's dependents.
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United States Tr. v. Harshaw (In re Harshaw)

A trustee asserted that granting bankruptcy debtors a chapter 7 discharge would constitute substantial abuse of the bankruptcy process within the meaning of 11 U.S.C. § 707(b) in view of their ability to repay their debts. The trustee's motion to dismiss the debtors'case was granted, but the case was remanded from the district court for express findings of fact and conclusions of law.
Ruling: 
Debtor's case was dismissed since debtors had ability to repay debts.
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Neil v. Lucotch (In re Lucotch)

Plaintiffs filed an adversary proceeding against defendant debtor seeking a determination that a debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(6). Plaintiffs'claim was based on a pending state court action against the debtor for, among other claims, assault and/or battery. The parties filed cross-motions for summary judgment. Plaintiffs also moved for relief from stay to allow them to pursue the state court action.
Ruling: 
Court granted stay relief to allow state court action regarding intentional tort to proceed and elected to wait outcome before deciding nondischargeability issue.
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