Judge Wizmur

In re Maloney

Debtors filed a joint petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer their bankruptcy case. The debtors filed a motion to dismiss their bankruptcy case, pursuant to 11 U.S.C.S. § 707, and the trustee filed an objection to the debtors' motion and sought an order requiring the debtors to turn over a mortgage they received when they sold real property and payments they received from the buyer postpetition.
Ruling: 
Voluntary dismissal granted as prejudice to debtor if case continued outweighed prejudice to creditors upon dismissal.
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Consumer case opionion summary, case decided on April 16,2012, LexisNexis #0512-024

In re Allen

In this matter, a creditor sought relief from the stay to return to state court to enforce certain provisions of the Final Judgment of Divorce entered in the divorce action initiated by debtor. Debtor moved to reclassify the creditor's claim from a priority claim to a general unsecured claim.
Ruling: 
Relief from stay granted to allow creditor to enforce monthly payments from debtor's retirement plan but not to enforce other claims provided for in judgment of divorce.
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Consumer case opionion summary, case decided on October 17,2011, LexisNexis #0112-008

In re Cook

The Chapter 7 debtor filed a motion seeking to reclassify a wholly unsecured second mortgage on his principal residence from a secured claim to an unsecured claim pursuant to 11 U.S.C.S. § 506(a) and (d).
Ruling: 
Wholly unsecured line could not be stripped off in chapter 7 case.
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Consumer case opionion summary, case decided on July 14,2010, LexisNexis #1010-045

In re Roth

Creditor, a law firm that had represented the debtor in nonbankruptcy matters pre-petition, filed a motion to dismiss the chapter 13 debtor's case and also objected to the confirmation of the chapter 13 plan. The creditor held an unsecured claim of $57,260.90 for unpaid legal fees.
Ruling: 
Retirement income and 401(k) loan repayments were not disposable income.
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Consumer case opionion summary, case decided on June 14,2010, LexisNexis #0910-074

Grumbine v. Azeglio (In re Azeglio)

Creditors sought a determination that a debt due to them by defendant chapter 7 debtor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). They asserted that a state court judgment entered against the debtor under the New Jersey Consumer Fraud Act, N.J. Stat. Ann. § 56:8-1 et seq., collaterally estopped the court from litigating the issue of fraud under 11 U.S.C.S. § 523(a)(2)(A). The creditors filed a motion for summary judgment.
Ruling: 
Default judgment for fraud did not have collateral estoppel effect in nondischargeability proceeding due to operation of state law.
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Consumer case opionion summary, case decided on January 27,2010, LexisNexis #0310-087

In re Ferrante

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and moved for an order under 11 U.S.C.S. § 522(f), avoiding a prepetition judgment lien which two creditors had placed on his house. The creditors opposed the debtor's motion, claiming, inter alia, that the debtor's motion to avoid the lien had to be denied because the debtor had not fulfilled all obligations he had under his chapter 13 bankruptcy plan.
Ruling: 
Lien impairing debtor's homestead exemption would be avoided upon debtor's completion of plan.
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Consumer case opionion summary, case decided on September 10,2009, LexisNexis #1009-116

In re Kemp

A chapter 13 debtor filed a motion to reclassify a creditor's unsecured second mortgage on the debtor's residence as an unsecured claim.
Ruling: 
Adversary proceeding not necessary for reclassification of mortgage claim for stripping purposes.
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Consumer case opionion summary, case decided on July 17,2008, LexisNexis #0808-089

Hopkins v. Arave (In re Arave)

A bankruptcy debtor was awarded real property with a cabin in a divorce settlement, and the debtor transferred the property to defendants, his parents, thereafter by warranty deed. Plaintiff bankruptcy trustee brought an adversary proceeding against the parents seeking to avoid the transfer as preferential and fraudulent under 11 U.S.C.S. §§ 547, 548.
Ruling: 
Debtor's transfer of property received in divorce settlement to parents outside of preference period or look back period fo fraudulent transfers was not avoidable.
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Consumer case opionion summary, case decided on March 27,2008, LexisNexis #0508-015

In re Liverman

The chapter 13 Trustee and an unsecured creditor objected to confirmation of the debtors' proposed chapter 13 plan. They challenged as insufficient the plan payments proposed by the debtors. The issue was the meaning of the debtors' "projected disposable income" to be received within "the applicable commitment period" for purposes of 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Objection to confirmation overruled where plan adjusted to account for increased income would call for sufficient payments over 60 months.
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Consumer case opionion summary, case decided on March 05,2008, LexisNexis #0408-127

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