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In re Jefferson

Jun
14
2006
Ruling
Debtors were allwoed to modify plan since they were acting in good faith and section 502(j) allowed for reconsideration for cause and based on equities of case.
Procedural posture

After their chapter 13 plan was confirmed, movant debtors sought to modify the plan because one of the debtors had becomes disabled postconfirmation. The debtors sought to surrender two vehicles to the respective creditors and to reduce their plan payments accordingly. Only one of the two affected creditors filed a response to the motion.

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opinion summary, case decided on June 14, 2006 , LexisNexis #0706-127
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N. Miss Med. Ctr. v. Eaton (In re Eaton)

May
02
2006
Ruling
Creditor was denied summary judgment regarding dischargeability issue since genuine issue of material fact existed as to intent to cause willful or malicious injury.
Procedural posture

Plaintiff creditor filed an action to collect insurance payments made to defendant debtors based on the debtors'assignment of those payments to the creditor. The creditor asserted that the debts were nondischargeable under 11 U.S.C. § 523(a)(6) and that it was entitled to summary judgment.

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opinion summary, case decided on May 02, 2006 , LexisNexis #0706-131
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Rain Bird Corp. v. Milton (In re Milton)

Apr
03
2006
Ruling
Debts were deemed nondischargeable due to willful and malicious injury of creditor in misappropriating trade secrets and due to fiduciary defalcation.
Procedural posture

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking a determination that a state-court judgment against the debtor for tortious interference with contract and business relations, misappropriation of trade secrets, and breach of fiduciary duty was not dischargeable under 11 U.S.C. § 523(a)(4) and (6). The creditor and the debtor cross-moved for summary judgment.

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opinion summary, case decided on April 03, 2006 , LexisNexis #0506-047
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In re Madison

Dec
29
2005
Ruling
Reasonable attorneys'fees for work related to filing a proof of claim were awarded, but the court required the creditors to show that they were oversecured before the fees were allowed.
Procedural posture

Movant, a chapter 13 trustee, filed an objection in several bankruptcy cases to proofs of claims filed by respondent creditors regarding certain postpetition, preconfirmation fees included in the proofs of claim. The creditors filed responses in each case.

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opinion summary, case decided on December 29, 2005 , LexisNexis #0206-107
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