Judge Mayer

Gray v. Bank of Am. (In re Gray)

Plaintiffs, debtors in two chapter 13 cases, filed complaints against defendant creditors seeking to strip off subordinate deeds of trust from their homes. The creditors, both lenders, did not defend the suits. Both debtors filed motions for default judgments pursuant to Fed. R. Bankr. P. 7055, which incorporated Fed. R. Civ. Proc. 55(b)(2).
Ruling: 
Default judgment in proceeding to strip lien due to valuation issues.
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Consumer case opionion summary, case decided on January 15,2010, LexisNexis #0310-059

In re Flores

The debtors filed a motion to vacate the court's prior order dismissing their chapter 13 case, following the dismissal of their prior chapter 7 case.
Ruling: 
Motion to vacate dismissal of chapter 13 case following dismissal of prior chapter 7 case denied.
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Consumer case opionion summary, case decided on January 13,2010, LexisNexis #0310-024

American Express Centurion Bank v. Nguyen (In re Nguyen)

Plaintiff creditor which issued a credit card to defendant bankruptcy debtor brought an adversary proceeding against the debtor alleging that the debt to the creditor was nondischargeable because the debtor incurred charges without the intention of paying them, including charges for real estate taxes. The debtor did not respond to the complaint, and the creditor moved for default judgment.
Ruling: 
Credit card charged, including large charge for real estate tax debt were not made with intent not to pay and were dischargeable.
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Consumer case opionion summary, case decided on January 06,2010, LexisNexis #0210-088

In re Builta

In this chapter 7 case, the United States Trustee (UST) moved to require a bankruptcy petition preparer (the preparer) to disgorge fees paid to him and to impose sanctions under 11 U.S.C.S. § 110(i).
Ruling: 
Bankruptcy petition preparer ordered to discharge excess fees due to mistakes and omissions.
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Consumer case opionion summary, case decided on September 03,2009, LexisNexis #1009-073

In re Saud Ahmed

Chapter 7 trustee objected to debtor's claim of exemption. Debtor mailed his homestead deed to the clerk of the circuit court who received it more than five days after the conclusion of the first meeting of creditors. The question was whether the homestead deed was timely.
Ruling: 
Trustee's objection to state homestead exemption sustained due to debtor's failure to state deadline for filing with clerk.
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Consumer case opionion summary, case decided on June 15,2009, LexisNexis #0809-009

In re Ellis

Debtor filed a voluntary petition in bankruptcy pursuant to chapter 13 of the Bankruptcy Code. Debtor moved to withdraw her chapter 13 petition. The trustee objected to the withdrawal, but recognized that debtor had a right to dismiss her case.
Ruling: 
Case filed in bad faith to frustrate former spouse's claim ordered dismissed rather than withdrawn after settlement.
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Consumer case opionion summary, case decided on June 02,2009, LexisNexis #0809-022

Branch Banking & Trust Co. v. Adam (In re Adam)

Creditor bank, made three loans to two entities controlled by the debtor, which he individually guaranteed. The bank sought to have the debtor's guarantees determined to be nondischargeable because he provided false personal financial statements to obtain the loans, under 11 U.S.C.S. § 523(a)(2)(B), or alternatively, he willfully and maliciously injured the bank, under 11 U.S.C.S. § 523(a)(6).
Ruling: 
Loan guarantees upon which bank did not reasonably rely were dischargeable.
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Consumer case opionion summary, case decided on January 29,2009, LexisNexis #0609-080

In re Demesones

The United States Trustee filed motions to dismiss each of the bankruptcy cases for abuse, contending that they should be dismissed for presumptive abuse under 11 U.S.C.S. § 707(b)(2), or , in the alternative, actual abuse under 11 U.S.C.S. § 707(b)(3).
Ruling: 
Evidentiary hearings necessary to determine whether cases should be dismissed for abuse based on improper deductions.
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Consumer case opionion summary, case decided on October 28,2008, LexisNexis #0909-013

In re Rodriguez

Debtors claimed two motor vehicles as exempt under 11 U.S.C.S. § 522(b)(3)(B), asserting that the vehicles were exempt as tenants by the entirety property. The chapter 7 trustee objected, contending that motor vehicles would not be held as tenants by the entirety.
Ruling: 
Vehicles could not be exempted as tenants by the entirety property where state law did not allow for entireties ownership of vehicles.
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Consumer case opionion summary, case decided on September 18,2008, LexisNexis #1208-011

In re Lee

A debtor filed an application for a waiver of the chapter 7 filing fee pursuant to 28 U.S.C.S. § 1930(f)(1).
Ruling: 
Debtor with income above 150 percent of poverty line not entitled to waiver of filing fee but allowed to make payments in installments.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1108-020

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