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In re Smith

Ruling
Debtor's exercise of option to purchase leased minivan within 910 days of petition date created a secured claim that was protected from bifurcation.
Procedural posture

Chapter 13 debtors sought confirmation of a plan that provided for payment of less than the amount owed on a secured claim held by creditor lender. The lender objected.

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Consumer opinion summary, case decided on September 09, 2009 , LexisNexis #1009-129

In re Walker

Ruling
Serial filing debtor's sixth case dismissed for abuse with 180 refiling bar.
Procedural posture

Debtor filed a pro se petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed a motion to dismiss the debtor's case, and the debtor filed a motion seeking a continuance of a hearing on the trustee's motion.

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Consumer opinion summary, case decided on September 09, 2009 , LexisNexis #1009-127

In re Nutter

Ruling
Motion to extend stay denied due to debtors' attempts to interrupt, hinder and delay foreclosure sale of property.
Procedural posture

The debtor moved to extend the automatic stay in his chapter 13 cases, which was a subsequent filing to several prior cases filed by the debtor and/or his wife. The primary creditor filed an objection thereto, asserting the presumption that the filing was not made in good faith, pursuant to 11 U.S.C.S. § 362(c)(3).

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Consumer opinion summary, case decided on August 31, 2009 , LexisNexis #1009-007

In re Sparks

Ruling
Debtor entitled to exemptions in proceeds of sale of home and mutual fund retirement account.
Procedural posture

Before the court was the "Trustee's Limited Objection to Debtor's Claim of Exemption."

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Consumer opinion summary, case decided on August 31, 2009 , LexisNexis #1009-011

In re Lau

Ruling
Case dismissed due to numerous actions by debtor and counsel to unreasonably cause delay.
Procedural posture

A debtor filed a voluntary petition under chapter 7 of the Bankruptcy Code. The chapter 7 trustee filed a motion to dismiss, under 11 U.S.C.S. § 707(a), a request for sanctions. The debtor moved to remove the trustee for cause.

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Consumer opinion summary, case decided on May 28, 2009 , LexisNexis #0709-092