Judge Tice, Jr.

In re Hassett

A debtor filed a motion to reopen her chapter 7 bankruptcy case.
Ruling: 
Motion to reopen case was granted, but debtor was required to move for extension of time to file certificate of completion of financial management course since debtor had failed to complete course.
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In re Binns

Counsel for a chapter 13 debtor applied for supplemental legal fees beyond the previously contracted fees and costs.
Ruling: 
Court awarded supplemental fees to debtor's counsel but reduced full requested amount since it was excessive under section 330(a)(3).
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In re Star

The trustee objected to a debtor's motion to proceed without meeting the credit counseling requirement of 11 U.S.C. § 109(h). The debtor filed an unopposed motion to conduct his 11 U.S.C. § 341 meeting of creditors telephonically.
Ruling: 
Debtor did not qualify for permanent waiver of credit counseling requirement but was granted extension of time to receive counseling due to incarceration.
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Lawrence v. Direct Loan (In re Lawrence)

Plaintiff debtor filed an adversary proceeding against defendant student loan lenders to determine the dischargeability of the debtor's student loan debt based upon undue hardship, pursuant to 11 U.S.C. § 523(a)(8).
Ruling: 
Student loan debt was deemed nondischargeable since debtor showed no evidence that repayment would impose undue hardship.
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In re Williams-Johnson

A creditor filed a proof of claim in a debtor's bankruptcy for amounts allegedly paid by the creditor to lenders secured by two parcels of real property of which the debtor was the co-owner with the creditor. The bankruptcy trustee objected to the claim.
Ruling: 
Creditor's amended claim was allowed as a late-filed claim under section 726(a)(2)(C) but only in a reduced amount.
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In re Epley

The debtor moved to convert her chapter 7 case to one under chapter 13 as well as on the motion of the chapter 7 trustee to sell property of the estate. The chapter 7 trustee objected to conversion.
Ruling: 
Debtor was denied motion to convert case to chapter 13 since debtor had insufficient income to propose a confirmable plan and, thus, the motion was filed in bad faith.
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In re Lawrence

Plaintiff chapter 7 debtor filed an adversary proceeding against defendant United States and others to determine the dischargeability of his various student loan obligations. The United States, on behalf of the Department of Health and Human Services, moved to dismiss with respect to the debtor's Health Education Assistance Loans ("HEAL").
Ruling: 
Debtor's HEAL student loans were deemed nondischargeable and the undue hardship argument was irrelevant since an unconscionability standard applied and the debtor did not plead unconscionability sufficiently.
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