Judge Mayer

GE Money Bank v. Frazier

Plaintiff bank sought entry of a default judgment against defendant debtors in an adversary proceeding filed in connection with debtors'chapter 7 case. Debtors entered a special appearance for the purpose of challenging the adequacy of plaintiff's service of the summons and complaint and seeking to quash the same. At issue was whether the service obtained by the bank complied with Fed. R. Bankr. P. 7004(b)(9).
Ruling: 
Service on bank by certified mail which was unclaimed, rather than first class mail postage prepaid, was insufficient.
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Consumer case opionion summary, case decided on July 31,2008, LexisNexis #1208-092

In re Bazzarelli

A debtor and a creditor proposed an amended reaffirmation agreement.
Ruling: 
Reaffirmation agreement ineffective due to attorney's failure to check box on Part C and debtor's failure to complete Part D.
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Consumer case opionion summary, case decided on June 23,2008, LexisNexis #0708-118

In re Roeung

A debtor filed for relief under chapter 7 of the Bankruptcy Code. The petition was dismissed and the debtor did not receive a discharge pursuant to 11 U.S.C.S. § 727(a)(11) because the debtor did not complete the required financial management course as described in 11 U.S.C.S. § 111. The debtor sought to reopen the proceedings.
Ruling: 
Court refused to reopen case dismissed due to debtor's failure to complete required financial management course absent reasonable explanantion.
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Consumer case opionion summary, case decided on May 14,2008, LexisNexis #0608-108

In re Bekric

A debtor filed for relief under chapter 7 of the Bankruptcy Code. The debtor and a creditor submitted a proposed reaffirmation agreement.
Ruling: 
Reaffirmation agreement could not be approved where debtor's counsel failed to complete the required certification.
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Consumer case opionion summary, case decided on May 14,2008, LexisNexis #0608-115

In re Arana

A debtor filed a motion to reopen the chapter 7 bankruptcy case so that the debtor could file a certificate of completion of the required financial management course, pursuant to 11 U.S.C.S. § 727(a)(11).
Ruling: 
Motion to reopen case to file certificate of completion of financial management course denied as ignorance of requirement was not excuse for failure to timely comply.
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Consumer case opionion summary, case decided on May 07,2008, LexisNexis #0608-052

In re King

A debtor and a creditor proposed a reaffirmation agreement.
Ruling: 
Reaffirmation agreement was not effective due to debtor's failure to complete Part D statement.
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Consumer case opionion summary, case decided on March 06,2008, LexisNexis #0408-114

MoneyGram Payment Sys. v. Hernandez (In re Hernandez)

Plaintiff creditor filed a motion for default judgment on its adversary proceeding alleging that defendant debtor's liability as a guarantor to the creditor for funds not remitted under an agreement for the sale of money orders was nondischargeable under 11 U.S.C.S. § 523(a)(4), (6).
Ruling: 
Debtor owner and guarantor of corporation was liable for nondischargeable claim for funds not remitted pursuant to agreement to sell money orders.
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Consumer case opionion summary, case decided on March 03,2008, LexisNexis #0508-011

In re Rodriguez

A debtor and a creditor proposed a reaffirmation agreement.
Ruling: 
Reaffirmation agreement ineffective due to failure to included completed Parts C and D.
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Consumer case opionion summary, case decided on March 03,2008, LexisNexis #0508-012

In re Rivas

A debtor filed for relief under chapter 7 of the Bankruptcy Code. The debtor and the bank submitted a proposed reaffirmation agreement pursuant to 11 U.S.C.S. § 524.
Ruling: 
Reaffirmation agreement not effective due to presumption of undue hardship and lack of counsel's certification.
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Consumer case opionion summary, case decided on March 03,2008, LexisNexis #0508-013

In re Shea

A debtor requested an expedited hearing on her motion to extend the automatic stay beyond the 30-day period in 11 U.S.C.S. § 362(c)(3)(A).
Ruling: 
Motion to extend stay filed one day after expiration of 30-day period denied.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-006

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