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In re Calloway

Ruling
Vehicle leased by debtor who failed to assume true lease was owned by lessor and was not property of the estate.
Procedural posture

In a Chapter 13 case, a bank filed a motion for relief from stay for cause or for adequate protection under 11 U.S.C.S. § 362(d)(1). The bank's claim concerned the debtors' vehicle.

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Consumer opinion summary, case decided on October 28, 2010 , LexisNexis #0211-040

Nicholson v. Flowe (In re Nicholson)

Ruling
Lien on vehicle that attached outside of 90 days prior to petition date was not avoidable.
Procedural posture

Chapter 11 debtors-in-possession filed a complaint against defendant creditor objecting to liens that the creditor placed on three of their automobiles pursuant to 11 U.S.C.S. § 547(b) and (d).

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Consumer opinion summary, case decided on October 26, 2010 , LexisNexis #1210-091

In re Phillips

Ruling
Bank did not violate stay by freezing debtors' accounts upon learning of bankruptcy.
Procedural posture

Debtors filed a petition under Chapter 7 of the Bankruptcy Code and asked the court to impose sanctions on a bank, pursuant to 11 U.S.C.S. § 362, because it placed an administrative hold on funds that had in two checking accounts. The bank opposed the debtors' motion.

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Consumer opinion summary, case decided on October 05, 2010 , LexisNexis #1110-037