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Judge Krumm

In re Holsinger

A debtor filed a certification of exigent circumstances with her chapter 13 petition seeking an exception to the requirement that she obtain credit counseling prior to filing her petition pursuant to 11 U.S.C.S. § 109(h)(3).
Ruling: 
Exigent circumstances exception to credit counseling requirement denied where debtor had made no effort to obtain counseling.
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Consumer case opionion summary, case decided on February 27,2012, LexisNexis #0412-004

In re Forster

Three listed petitioning creditors (petitioners), debtor's former wife and her parents, filed an involuntary petition against debtor. Debtor contested the petition. Debtor asked for dismissal and for imposition of damages pursuant to 11 U.S.C.S. § 303(i). A hearing was held.
Ruling: 
Involuntary petition dismissed where two of three petitioning creditors held a single claim.
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Consumer case opionion summary, case decided on January 03,2012, LexisNexis #0212-005

Beskin v. Knupp (In re Knupp)

Plaintiff Chapter 13 trustee filed a complaint seeking revocation of defendant debtor's discharge under 11 U.S.C.S. § 1328(e).
Ruling: 
Discharge revoked due to debtor's failure to disclose inheritance received less than two months after petition date.
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Consumer case opionion summary, case decided on July 26,2011, LexisNexis #0911-066

In re Cooke

The chapter 13 debtors filed an objection to a claim filed by a creditor, the debtor husband's former wife. The creditor asserted that the debt owed to her by the debtor husband was a domestic support obligation and thus, should be given priority treatment.
Ruling: 
Debt that was held nondischargeable in prior chapter 7 case but was not a domestic support order was dischargeable in subsequent chapter 13 case.
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Consumer case opionion summary, case decided on July 26,2011, LexisNexis #0911-086

McDow v. Carbaugh (In re Carbaugh)

In this chapter 7 case, the United States Trustee (UST) filed an Objection to Discharge, asserting that the debtor should be denied discharge under 11 U.S.C.S. § 727(a)(2) or § 727(a)(4).
Ruling: 
Discharge denied due to debtor farmer's failure to disclose accounts, equipment or hay.
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Consumer case opionion summary, case decided on June 29,2011, LexisNexis #0911-094

Didlake v. Wachovia Bank (In re Didlake)

Chapter 13 debtors filed a complaint against defendant creditor pursuant to 11 U.S.C.S. § 506(a) seeking to determine the value of the creditor's secured interest in property owned by the debtors. The creditor failed to respond to a summons and notice of pre-trial conference and was in default, but the court exercised its discretion not to enter a default judgment.
Ruling: 
Credit line deed of trust secured solely by debtor's principal residence could not be modified by plan.
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Consumer case opionion summary, case decided on June 29,2011, LexisNexis #0911-099

In re Glebe Inc.

Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code, and a claimant filed a claim in the amount of $19,000 against the debtor's bankruptcy estate and asked the court to treat its claim as an administrative expense claim under 11 U.S.C.S. § 503. The claimant's motion was unopposed.
Ruling: 
Creditor not entitled to administrative expense claim for postpetition therapy services provided to debtor rehabilitation center's residents.
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Commercial case opionion summary, case decided on May 03,2011, LexisNexis #0911-081

In re Burnett

Debtor filed a petition under Chapter 11 of the Bankruptcy Code, and movant, a homes company that acquired title to real property the debtor occupied, filed a motion seeking relief under 11 U.S.C.S. § 362 from the automatic stay so it could proceed to state court and evict the debtor. The debtor filed an objection to the motion, and the court held a hearing on the motion and the debtor's objection.
Ruling: 
Prepetition purchaser of property occupied by debtor granted relief from stay to proceed with eviction.
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Commercial case opionion summary, case decided on April 28,2011, LexisNexis #0611-112

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

Chapter 13 debtors filed complaints against defendant creditor seeking to have a note declared to be unsecured under 11 U.S.C.S. § 506(a) and to have the note avoided under 11 U.S.C.S. § 506(d). The debtors contended that the value of the property was less than the amount owed on a promissory note and first deed of trust.
Ruling: 
Note partially secured by equity in debtor's property could not be avoided.
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Consumer case opionion summary, case decided on April 01,2011, LexisNexis #0911-082

In re Neilsen

A creditor filed a motion that the court treated as two separate motions: (1) a motion to reconsider a prior order denying the creditor's motion for relief from stay and objection to motion to quash garnishment; and (2) a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d) so that garnished wages could be returned to him and so that he could proceed with collection efforts related to a nondischargeable debt.
Ruling: 
Relief from stay to allow return of garnished wages to creditor and to allow creditor to proceed with collection efforts related to a nondischargeable debt denied.
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Consumer case opionion summary, case decided on February 07,2011, LexisNexis #0211-109

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