Judge Carruthers

In re Walls

This matter came before the court for a hearing on debtor's proposed chapter 13 plan.
Ruling: 
Confirmation denied for lack of good faith based on totality of circumstances.
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Consumer case opionion summary, case decided on June 02,2010, LexisNexis #0910-026

In re Crawford

Debtor, pursuant to 11 U.S.C.S. § 524, filed with the court an agreement reaffirming his obligation to a creditor from which debtor was leasing a vehicle. Debtor had previously assumed the lease pursuant to 11 U.S.C.S. § 365(p). The court thereupon considered whether the agreement was subject to review under either § 524 or Fed. R. Bankr. P. 9011.
Ruling: 
Reaffirmation of lease that debtor had already assumed approved absent presumption of undue hardship.
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Consumer case opionion summary, case decided on May 19,2010, LexisNexis #0810-121

In re Barger

A bankruptcy administrator filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C.S. § 707(b)(3) on the grounds that it was a case filed by a debtor whose debts were primarily consumer debts and that the granting of relief would be an abuse of the provisions of chapter 7.
Ruling: 
Debtor's release of vehicle on which payments were current and resulting in increased income was not grounds for dismissal.
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Consumer case opionion summary, case decided on May 07,2010, LexisNexis #0810-058

In re Garner

The chapter 13 debtors filed a motion for sanctions against a creditor for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k). The debtors alleged that the creditor violated the automatic stay by failing to remove a payment protection system from the debtors' vehicle after a demand was made by the debtors' counsel.
Ruling: 
Creditor sanctioned for failure to remove payment protection system from debtor's vehicle in violation of stay.
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Consumer case opionion summary, case decided on March 09,2010, LexisNexis #0510-078

Angell v. Williams (In re Williams)

Adversary plaintiff, the chapter 7 trustee, asserted claims against defendant debtors pursuant to 11 U.S.C.S. § 727(a)(3) and (a)(4)(A), among other grounds, objecting to the debtors' discharge. The trustee claimed that the debtors kept insufficient records, and engaged in a distinct pattern of nondisclosure and false statements showing a reckless indifference for the truth from which fraudulent intent could be inferred.
Ruling: 
Discharge denied due to debtor's failure to keep adequate records and fraudulent intent.
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Consumer case opionion summary, case decided on January 27,2010, LexisNexis #0310-093

In re Harrison

Debtor's chapter 7 case came before the court upon a motion to dismiss pursuant to 11 U.S.C.S. § 707(b) filed by the U.S. Bankruptcy Administrator (hereinafter the Administrator).
Ruling: 
Chapter 7 case ordered converted to chapter 13 or dismissed for abuse.
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Consumer case opionion summary, case decided on January 25,2010, LexisNexis #0410-021

In re D&M Land Co. LLC

Debtor, a land company that had filed a chapter 11, sought a final decree while a bank that was a secured creditor opposed the motion and filed its own motion for disgorgement of certain funds and a turnover of attorneys' fees. Issues included whether certain amounts were properly charged against the bank's interest in certain proceeds pursuant to 11 U.S.C.S. § 506(c) or whether the equitable exception in 11 U.S.C.S. § 552(b)(1) applied.
Ruling: 
Bank entitled to recover from forfeited earnest money from failed sales of debtor's property.
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Commercial case opionion summary, case decided on January 15,2010, LexisNexis #0310-116

In re Bernardo

A trustee filed a motion for an order authorizing the interim distribution of the net proceeds from a sale of real property jointly owned by a chapter 7 debtor and his non-debtor spouse to the non-debtor spouse pursuant to 11 U.S.C.S. § 363(j). The United States of America, on behalf of the Internal Revenue Service (IRS), objected to the motion on the grounds that the proceeds were subject to IRS levy pursuant to 26 U.S.C.S. §§ 6321 and 6331.
Ruling: 
Interim distribution of sale proceeds of property jointly owned by debtor and non-debtor spouse denied where proceeds were subject to levy by IRS.
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Consumer case opionion summary, case decided on January 05,2010, LexisNexis #0210-076

Century Forest Prods. V. H.W. Indus. (In re Century Forest Prods.)

Plaintiff, a chapter 11 corporate debtor, filed an adversary proceeding against defendant, a Florida corporation, claiming that it was entitled to recover a prepetition account receivable from the Florida corporation in the amount of $ 3,593. The Florida corporation was served at its address in Florida, but did not file an answer or other responsive pleading. The debtor filed a motion for entry of default and default judgment.
Ruling: 
Bankruptcy court abstained from hearing state law collection proceeding.
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Commercial case opionion summary, case decided on December 15,2009, LexisNexis #0410-136

Northern v. Mack (In re Mack)

Plaintiff trustee filed a complaint objecting to defendant debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(4)(A). Specifically, the complaint alleged that debtor failed to list multiple creditors, bank accounts, assets, and criminal restitution judgments on the petition. The matter was pending decision following trial.
Ruling: 
Discharge denied due to failure to schedule multiple creditors, assets and criminal judgment.
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Consumer case opionion summary, case decided on September 18,2009, LexisNexis #1009-092

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