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Judge Wilkinson

Wells Fargo Fin. Acceptance v. Price (In re Price)

Debtors' chapter 13 plan proposed to invoke 11 U.S.C.S. § 506(a)(1) to bifurcate appellant creditor's claim. A bankruptcy court held that there was no purchase money security interest. The District Court for the Eastern District of North Carolina held that the creditor did have a purchase money security interest for the part of its claim that did not relate to negative equity and gap insurance. The parties appealed.
Ruling: 
Negative equity was included in purchase money security interest in "910 vehicle" and entire claim was protected from bifurcation.
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Consumer case opionion summary, case decided on April 13,2009, LexisNexis #0509-092

Bosiger v. US Airways Inc.

After defendant airline's emergence from its second bankruptcy, plaintiff, a retired pilot, filed an action, alleging that the airline improperly terminated his pension benefits during the airline's first bankruptcy. The District Court for the Eastern District of Virginia dismissed the pilot's claim because the pilot failed to file a proof of claim during the airline's second bankruptcy. The pilot appealed.
Ruling: 
Pilot's claim for improper termination of pension benefits in debtor's first bankruptcy dismissed due to failure to file proof of claim in second bankruptcy.
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Commercial case opionion summary, case decided on December 14,2007, LexisNexis #0108-067

Maryland Port Admin. v. Premier Auto Servs. (In re Premier Auto Servs.)

Appellant debtor appealed from a decision of the District Court for the District of Maryland that affirmed a bankruptcy court order dismissing the petition as having been filed in bad faith, solely to prevent appellee state agency from evicting the debtor from a harbor property for which its lease had expired. Debtor asserted contractual and constitutional grounds as a basis for pursuing its claims.
Ruling: 
Case dismissed as filed in bad faith solely to prevent commercial eviction pursuant to expired lease.
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Hazelbaker v. Hope Gas Inc. (In re Rare Earth Minerals)

Appellant creditor appealed from the District Court for the Northern District of West Virginia challenging the bankruptcy court's authorization of the assumption and sale of an oil and gas lease.
Ruling: 
Court affirmed dismissal of creditor's appeal since section 363(m) curtails appellate courts'power to undo the authorized sale of estate assets to a good faith purchaser unless the sale has been stayed pending appeal, and creditor failed to obtain such a
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Educ. Credit Mgmt. Corp. v. Frushour (In re Frushour)

Appellant student loan management company appealed from the order of the district court, which held that appellee debtor satisfied the undue hardship requirement in 11 U.S.C. § 523(a)(8) and was entitled to discharge her student loans.
Ruling: 
Discharge of debtor's student loans due was overturned since the debtor had failed to show undue hardship
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