Judge Huennekens

In re Garrett

A chapter 13 debtor filed a motion to rebut the presumption created by 11 U.S.C.S. § 362(c)(3) that her case was not filed in good faith, and to obtain an extension of the automatic stay pursuant to 11 U.S.C.S. § 362(a).
Ruling: 
Stay would not terminate after 30 days in chapter 13 case filed one year after dismissal of debtor's chapter 7 case.
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Consumer case opionion summary, case decided on May 23,2008, LexisNexis #0808-008

Haas v. Trammell (In re Trammell)

Plaintiff claimant brought a complaint against defendant chapter 7 debtor, alleging that his claims of malicious prosecution and common law fraud against the debtor were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2) and § 523(a)(6).
Ruling: 
Claims based on alleged malicious prosecution of criminal charges were dischargeable absent proof of malicious or improper motive by debtor.
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Consumer case opionion summary, case decided on May 02,2008, LexisNexis #0608-043

In re Rennie Petroleum Corp.

The debtor moved for entry of an order approving the retroactive employment of a professional person under 11 U.S.C.S. § 327, or alternatively, for an order awarding compensation to the professional person for making a substantial contribution to the case under 11 U.S.C.S. § 503(b)(4). The trustee in bankruptcy and counsel for the creditors' committee opposed the motion.
Ruling: 
Retroactive approval of employment of professional business analyst denied.
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Commercial case opionion summary, case decided on February 25,2008, LexisNexis #0408-003

In re Grubbs

A chapter 13 trustee objected to the confirmation of a chapter 13 debtor's plan, claiming that the appropriate applicable commitment period under 11 U.S.C. § 1325(b)(4) was five years, not three years.
Ruling: 
Plan of married debtor filing individually could exclude spouse's income to the extent not regularly contributed to household expenses.
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Commercial case opionion summary, case decided on December 14,2007, LexisNexis #0208-058

In re Lavigne

Four separate chapter 13 cases were before the court. Debtors in each of the four cases purchased motor vehicles within the 910-day period immediately preceding the filing of their bankruptcy petitions. The four creditors which financed their motor vehicle purchases objected to confirmation of their chapter 13 plans.
Ruling: 
Hanging paragraph precluded bifurcation of vehicle loan except for negative equity portion which was not purchase money in nature.
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Consumer case opionion summary, case decided on November 14,2007, LexisNexis #0108-127

In re IPofA W. Oaks Mall LP

Debtors, three Texas limited partnerships (LPs), filed separate petitions under chapter 11, and the court granted their petition for joint administration of their cases. Movant creditor filed a motion for an order appointing a chapter 11 trustee to represent the interests of creditors.
Ruling: 
Chapter 11 trustee ordered appointed where debtor's owner and manager violated fiduciary duties with questionable sale to entity also in bankruptcy.
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Commercial case opionion summary, case decided on October 26,2007, LexisNexis #1207-054

Brown v. Pit Road Auto Serv. (In re Brown)

The matter was before the court on debtor's motion for contempt. Debtor filed the motion against respondents, two individuals and businesses, alleging violation of the automatic stay of 11 U.S.C. § 362(a). The court earlier granted the motion for contempt. It also earlier awarded debtor $2,244 for attorneys'fees and $3,300 for damages that had been caused to debtor's vehicle. The matter of punitive damages was taken under advisement.
Ruling: 
Sanctions, fees and punitive damages awarded to debtor due to creditors' knowing, intentional violation of stay and of court order for return of collateral.
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DaimlerChrysler Fin. Servs. Ams. LLC v. Kasrai (In re Kasrai)

Defendant debtor and his wife filed for relief under chapter 7. Plaintiff creditor, who as a successor to an earlier creditor, filed a motion against the debtor and defendant trustee, for the entry of a comfort order pursuant to 11 U.S.C. § 362(j) to confirm the termination of the automatic stay.
Ruling: 
Creditor's motion for comfort order denied.
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In re Williams

Debtors filed a petition under chapter 13, and an amended plan for repaying their creditors. A creditor filed an objection to the debtors'amended plan.
Ruling: 
Debtor could surrender vehicle in full satisfaction of secured debt pursuant to hanging paragraph.
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In re Isom

A debtor filed a petition under chapter 7 and filed a motion which asked the court to approve a reaffirmation agreement. The court held a hearing on the debtor's request.
Ruling: 
Reaffirmation agreement approved upon debtor's certification that there was no undue hardship.
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