Judge Duncan

In re Clark

Chapter 7 trustee filed an adversary proceeding against defendant debtor to revoke the debtor's discharge under 11 U.S.C.S. § 727(d)(1). The trustee filed a motion for summary judgment.
Ruling: 
Discharge revoked due to failure to list several properties.
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Consumer case opionion summary, case decided on November 16,2011, LexisNexis #0112-027

Godowns v. Brush (In re Brush)

Creditor filed a complaint against chapter 7 debtor seeking a determination that her damages claim against the debtor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). At the conclusion of the creditor's case, the debtor moved for a directed verdict on all causes of action.
Ruling: 
Misrepresentation by debtor contractor on which creditor relied resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on November 10,2011, LexisNexis #1211-014

Drennan v. Hunnicutt (In re Hunnicutt)

Creditor filed an adversary proceeding seeking determination of the nondischargeability of his state court judgment against chapter 7 debtor under 11 U.S.C.S. §§ 523(a)(2)(A), 523(a)(4), and 523(a)(6). The debtor filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Proceeding for nondischargeability of state court judgment dismissed without prejudice as insufficiently pled.
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Consumer case opionion summary, case decided on November 09,2011, LexisNexis #1211-044

In re Mt. Zion Holiness Church

A creditor filed a motion to dismiss a Chapter 11 debtor's case pursuant to 11 U.S.C.S. § 1112 on the grounds that the debtor's bankruptcy was filed for the sole purpose of delaying the creditor's foreclosure efforts. As a result, the creditor argued that the bankruptcy was filed in bad faith.
Ruling: 
Chapter 11 case dismissed as filed in bad faith solely to delay foreclosure.
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Commercial case opionion summary, case decided on September 13,2011, LexisNexis #1011-058

In re Hunnicutt

A Chapter 7 debtor filed a motion to avoid a judicial lien under 11 U.S.C.S. § 522(f)(1)(a).
Ruling: 
Judicial lien was avoidable notwithstanding dischargeability of underlying debt.
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Consumer case opionion summary, case decided on August 23,2011, LexisNexis #0911-044

In re Prince

Chapter 13 debtor presented a plan for confirmation. The secured creditor holding the loan against debtor's former father in law's mobile home, filed an objection to confirmation.
Ruling: 
Mobile home belonging to debtor's father-in-law on which debtor allegedly made payments was not property of the estate.
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Consumer case opionion summary, case decided on July 12,2011, LexisNexis #0811-018

In re Means

Debtors filed a petition under Chapter 13 of the Bankruptcy Code, and while their case was pending under Chapter 13, a construction company filed a motion for relief under 11 U.S.C.S. § 362(d) from the automatic stay so it could foreclose a mechanic's lien. The debtors converted their case to one under Chapter 7 of the Bankruptcy Code and the construction company filed an amended motion for relief from the stay. The debtors opposed the motion.
Ruling: 
Relief from stay to foreclose on mechanic's lien that arose during chapter 13 case that was later converted denied.
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Consumer case opionion summary, case decided on July 08,2011, LexisNexis #0811-040

In re Tincher

This matter was before the court on two reaffirmation agreements between debtor and two of his creditors.
Ruling: 
Reaffirmation agreement for vehicle loan, on more favorable terms than original, approved.
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Consumer case opionion summary, case decided on July 06,2011, LexisNexis #0811-017

In re Copeland

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and an attorney who represented the debtor in class action settlement proceedings and recovered $19,944 for the debtor's bankruptcy estate filed an Application for Administrative Expenses, seeking payment of $10,000. The United States Trustee filed an objection to the attorney's claim.
Ruling: 
Attorney who represented debtor in class action settlement was not employed by trustee, not authorized by court and not entitled to fees.
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Consumer case opionion summary, case decided on June 16,2011, LexisNexis #0811-002

In re McGregor

In a prior bankruptcy case, bankruptcy debtors converted their chapter 13 case in which a creditor's claim was deemed unsecured and the debtors received a chapter 7 discharge. The debtors objected to the creditor's secured claim in their instant chapter 13 case on the ground that the claim was unsecured and discharged in their prior case.
Ruling: 
Determination in chapter 13 case that lien was unsecured had no binding effect after conversion to chapter 7.
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Consumer case opionion summary, case decided on June 02,2011, LexisNexis #0711-037

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