Judge Lynn

In re Davis

Movant unsecured creditor filed a motion to seeking to extend the deadline to file a complaint to determine nondischargeability of a debt through relation back to the date of the filing of his objections to the debtors' chapter 13 plan. He sought leave to file a complaint objecting to the dischargeability of his claim under 11 U.S.C.S. § 523(a)(2) and (a)(4).
Ruling: 
Creditors could not file late dischargeability proceeding by claiming relation back to objection to chapter 13 plan.
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #1108-042

In re Polly

A party in interest (PIA) filed a motion to reconsider an order, which granted a debtor's motion to dismiss the chapter 13 case, pursuant to 11 U.S.C.S. § 1307(b).
Ruling: 
Chapter 13 debtor could voluntarily dismiss case at any time even when motion to convert to chapter 7 pending.
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Consumer case opionion summary, case decided on August 08,2008, LexisNexis #1008-125

In re Chestnut

Debtor filed a petition under chapter 13 of the Bankruptcy Code and an amended plan for repaying his creditors. After the debtor met all requirements for repaying one of his creditors under his plan, the creditor refused to release a lien on real property. The debtor filed a motion for an order enforcing his plan and requiring the creditor to release its lien, and his wife joined that motion. The creditor opposed the motion.
Ruling: 
Creditor bound by terms of confirmed plan to release lien upon repayment.
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Consumer case opionion summary, case decided on July 29,2008, LexisNexis #0808-103

In re Beyer

A chapter 13 debtor filed a motion to avoid a judgment lien pursuant to 11 U.S.C.S. § 522(f)(1)(A) and Fed. R. Bankr. P. 4003(d). Respondent creditor, the debtor's former wife, opposed the motion.
Ruling: 
Lien on marital residence pursuant to divorce decree was not avoidable as impairing debtor's homestead exemption.
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Consumer case opionion summary, case decided on July 15,2008, LexisNexis #0808-115

In re Steele

Debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors. A creditor filed an objection to confirmation of the debtor's plan.
Ruling: 
Negative equity in vehicle loan was not part of purchase money security interest and could be bifurcated under hanging paragraph.
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Consumer case opionion summary, case decided on June 12,2008, LexisNexis #0808-026

In re McCarthy

Before the court was debtor's certification and motion for entry of chapter 13 discharge pursuant to 11 U.S.C.S. § 1328(a). Debtor asserted that he had completed all payments required under his confirmed chapter 13 plan. The standing chapter 13 trustee filed a response in which he asserted that debtor should not be granted a discharge because he had not completed the 60-month term of the Plan.
Ruling: 
Early discharge granted over trustee's objection due to completion of payments after sale of property.
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Consumer case opionion summary, case decided on June 11,2008, LexisNexis #0808-028

Texas AG v. Brown (In re Fort Worth Osteopathic Hosp. Inc.)

The plaintiff in the first action, the Attorney General of Texas, who sought to recover proceeds from policies insuring defendant directors and officers of debtor hospital, moved for partial summary on the issue that the application of 11 U.S.C.S. § 541(c)(1) did not invalidate an ipso facto endorsement in the insurance policies. Defendant trustee sought recovery under the policies for the benefit of the creditors.
Ruling: 
Ipso facto clause in debtor's D&O policy precluded any recovery by trustee on behalf of creditors.
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Commercial case opionion summary, case decided on April 30,2008, LexisNexis #0608-030

In re Graham

After debtors, a husband and wife, proposed a chapter 13 plan, the Chapter 13 Standing Trustee filed an objection thereto. At issue was whether 11 U.S.C.S. § 707(b) was properly understood to require a "forward looking" analysis of a debtor's expenses as well as its projected disposable income over the same period.
Ruling: 
Debtor could not deduct payments on vehicles intended for surrender.
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Consumer case opionion summary, case decided on April 15,2008, LexisNexis #0508-120

In re Graham

After debtors, a husband and wife, proposed a chapter 13 plan, the Chapter 13 Standing Trustee filed an objection thereto. At issue was whether 11 U.S.C.S. § 707(b) was properly understood to require a "forward looking" analysis of a debtor's expenses as well as its projected disposable income over the same period.
Ruling: 
Chapter 13 plan confirmation denied due to failure to utitlize "forward-looking" analysis of debtor's expenses.
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Consumer case opionion summary, case decided on April 15,2008, LexisNexis #0508-016

In re Braune

The debtors objected to the trustee's motion to modify their confirmed chapter 13 plan under 11 U.S.C.S. § 1329.
Ruling: 
Proceeds of duly scheduled class action were exempt and not subject to inclusion in trustee's modified plan.
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Consumer case opionion summary, case decided on April 02,2008, LexisNexis #0408-138

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