Judge Leonard

In re Magnum

This matter arose from the court's concern that two bankruptcy filings in debtor's name were made without her knowledge or authority. The court instructed the chapter 13 trustee and the Bankruptcy Administrator (BA) to undertake a thorough investigation. Following the investigation, the court held a hearing to consider the Trustee's report and recommendations. The BA also filed a motion for sanctions against debtor's husband.
Ruling: 
Debtor's spouse sanctioned for filing two petitions in debtor's name without debtor's authorization.
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Consumer case opionion summary, case decided on June 13,2012, LexisNexis #0712-002

In re Maggio

A chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C.S. § 362(c)(4)(B).
Ruling: 
Motion to extend stay denied due to debtor's failure to rebut presumption of bad faith.
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Consumer case opionion summary, case decided on May 30,2012, LexisNexis #0612-075

In re Smith

A bankruptcy administrator (BA) filed a motion for appointment of a chapter 11 trustee on the grounds that the pre-petition fraudulent conduct to which the male debtor pled guilty during the bankruptcy case constitute cause under 11 U.S.C.S. § 1104(a)(1). The debtor opposed the motion, as did a creditor that provided post-petition financing to the debtors.
Ruling: 
Past fraudulent conduct was not grounds for appointment of chapter 11 trustee.
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Consumer case opionion summary, case decided on May 21,2012, LexisNexis #0612-058

In re Shoaf

The debtors filed a motion to confirm their chapter 11 plan over the objection of an impaired claim pursuant to 11 U.S.C.S. § 1129(b).
Ruling: 
Confirmation denied due to objection of impaired creditor to repayment with 30-year amortization period.
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Consumer case opionion summary, case decided on April 10,2012, LexisNexis #0512-029

In re SRCR LLC

This matter came before the court on a bank's motion for relief from the automatic stay and debtor's motion for contempt and sanctions for violation of the automatic stay. A hearing was held.
Ruling: 
Creditor ordered to turn over repossessed airplane once debtor came current on all payments and bills.
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Commercial case opionion summary, case decided on April 05,2012, LexisNexis #0512-043

Crampton v. Koehler (In re Koehler)

Chapter 7 trustee filed an adversary proceeding against defendant debtors under 11 U.S.C.S. § 548 to recover for fraudulent transfers. The court held a trial on the matter.
Ruling: 
Conversion of proceeds of sale of nonexempt personal property to exempt IRAs on eve of bankruptcy was not fraudulent.
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Consumer case opionion summary, case decided on March 05,2012, LexisNexis #0312-131

In re Goodman

Pursuant to 11 U.S.C.S. § 553(b), debtor filed a motion for turnover of Social Security Insurance (SSI) benefits in the amount of $7,414.
Ruling: 
Retroactive Social Security Income benefits intercepted by the Social Security Administration and applied to overpayment could be recovered for the estate.
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Consumer case opionion summary, case decided on February 17,2012, LexisNexis #0312-054

In re McClam

This matter came before the court on a creditor's motion for relief from the automatic stay. A hearing was held. The trustee's motion to dismiss was also pending.
Ruling: 
Relief from stay in debtor's prior case could not be carried over into current case absent extreme abuse.
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Consumer case opionion summary, case decided on February 16,2012, LexisNexis #0312-075

In re Doe

A person who claimed to be a debtor's guardian filed a petition on behalf of the debtor under chapter 13 of the Bankruptcy Code. The case was dismissed in August 2004 for failure to make plan payments, and after the debtor reached the age of majority he filed a motion to reopen the case and a motion to dismiss the case ab initio.
Ruling: 
Case filed by debtor's alleged guardian and later dismissed ordered removed from electronic record and sealed.
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Consumer case opionion summary, case decided on February 07,2012, LexisNexis #0312-067

In re 4.98 Westgate Partners LLC

A chapter 11 debtor, which was a single asset entity, filed a motion to value collateral and a creditor filed a motion for relief from the automatic stay or, in the alternative, for adequate protection.
Ruling: 
Relief from stay denied where creditor was adequately protected.
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Commercial case opionion summary, case decided on December 07,2011, LexisNexis #0112-076

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