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Northern District

In re Bufford

Creditor, whose purchase money debt was secured by a motor vehicle, amended its claim to include an interest rate of 17.9 percent as provided in its loan agreement with the debtor. Debtor's plan proposed a lesser rate of interest, and the court considered whether and how the adequate protection requirement in 11 U.S.C. § 1325(a)(5)(B)(iii), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") applied.
Ruling: 
Court ordered plan be amended to apply Till interest rate so that plan provided required adequate protection.
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Garza v. J.D. Foods Inc. (In re Garza)

Appellant debtor sought review of an order of the bankruptcy court, which found that appellee creditor's motion for relief from the bankruptcy stay constituted an informal proof of claim that was timely filed.
Ruling: 
Court upheld order finding that creditor's pre-bar date motion for relief from bankruptcy stay constituted an informal proof of claim that was timely filed.
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Green v. Sirmons (In re Sirmons)

Plaintiff former wife filed a complaint seeking a determination that defendant debtor's obligation to pay her the trade-in value of a truck was nondischargeable under 11 U.S.C. § 523(a)(4).
Ruling: 
Court denied debtor's former wife's request to deny dischargeability for the trade-in value the debtor received on a truck since the court found no trust or fiduciary relationship or fraud.
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In re Bryant

Debtors filed a motion to hold the IRS in contempt and impose sanctions for violating the discharge injunction of 11 U.S.C. § 524. The IRS moved to quash the debtors'motion.
Ruling: 
Court ordered the IRS to show cause why it should not be held in contempt for violating a discharge injunction by attempting postdischarge to collect trust fund taxes.
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Hughes v. Wells (In re Wells)

Plaintiffs, a prison inmate and his daughter as his attorney in fact, brought an adversary proceeding against defendant bankruptcy debtor, the inmate's former attorney, alleging that the attorney retained fees paid by the daughter which the attorney did not earn. The bankruptcy court conducted a trial concerning whether a debt existed and whether it was nondischargeable under 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6).
Ruling: 
Court ruled fees collected in advance by a debtor former attorney of the creditor for services that later did not need to be performed were dischargeable since the attorney debtor did not cause willful or malicious injury to the creditor.
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In re Hardacre

A bankruptcy debtor proposed a chapter 13 plan that provided no return to her unsecured creditors. The trustee objected to confirmation of the plan on the ground that the debtor impermissibly deducted her mortgage and car loan expenses twice under 11 U.S.C. § 707(b)(2)(A)(i) in calculating her disposable income.
Ruling: 
Plan confirmation was denied since the debtor had made a double deduction for mortgage and car loan expenses in calculating projected disposable income.
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Sec. Bank v. Rodriguez (In re Rodriguez)

Plaintiff bank filed an adversary proceeding against defendant debtor, claiming that the debtor's obligation to the bank should be declared nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (B). The bank filed a motion for summary judgment.
Ruling: 
Bank was denied summary judgment since the debtor's alleged fraudulent intent was at issue.
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County of Dallas v. Baldwin (In re Baldwin)

Plaintiff county sued defendant debtors, seeking to except from discharge its claim based on a state court nunc pro tunc order to help defer the costs for placement of the debtors'adopted daughter with the county. The bankruptcy court held a trial.
Ruling: 
County's claim for payments to help defer the costs for placement of the debtors'adopted daughter with the county were deemed dischargeable since the support-like payments were not owed to a spouse, former spouse, or a child.
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In re Moates

Debtors in two bankruptcy cases submitted to the court the question of whether they were required under 11 U.S.C. § 521(a)(1)(B)(v), as individual debtors whose debts were primarily business debts, to file a statement of current monthly income. The question was before the court for decision.
Ruling: 
Debtors whose debts were not primarily consumer debts were not required to file a statement of current monthly income as the filing of schedules I and J provided redundant information and, thus, satisfied that requirement.
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Mirant Corp. v. S. Co.

The bankruptcy court recommended that the reference not be withdrawn as to an adversary proceeding filed by the jointly administered chapter 11 debtors and a creditors committee against defendant, one debtor's prior parent corporation, that asserted core and non-core claims under 28 U.S.C. § 157. The parent, who had requested a jury trial, had also requested transfer to Georgia after withdrawal.
Ruling: 
Motion for withdrawal of a reference was granted since the action was more in the nature of a non-core proceeding than a core proceeding.
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