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In re Camp

Sep
18
2008
Ruling
Debtor who relocated to Florida but was not yet an official resident was bound by state's opt- out from federal exemption scheme.
Procedural posture

The debtor, who had moved to Florida but not yet established Florida residency, and whose property was located in Texas, sought to claim the exemptions offered under 11 U.S.C.S. § 522(d). The trustee objected to the claimed exemptions, arguing that the debtor was not eligible to claim the Federal exemptions.

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Consumer opinion summary, case decided on September 18, 2008 , LexisNexis #1108-075
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In re Lanehart

Sep
08
2008
Ruling
Case ordered converted or dismissed due to debtors' failure to cooperate with trustee or attend required conferences.
Procedural posture

The chapter 13 Trustee filed a motion to dismiss the debtors' chapter 13 case. The Trustee contended that the debtors, by failing to appear at a conference that the Trustee had scheduled to resolve outstanding confirmation issues, had failed to cooperate with her as required under 11 U.S.C.S. § 521(3) and Fed. R. Bankr. P. 4002(4).

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Consumer opinion summary, case decided on September 08, 2008 , LexisNexis #1108-086
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In re Save Our Springs (S.O.S.) Alliance Inc.

Aug
08
2008
Ruling
Chapter 11 case dismissed due to small business debtor's failure to file plan prior to expiration of deadline.
Procedural posture

A creditor moved to dismiss a bankruptcy debtor's case based on the debtor's failure to meet the deadline for the small business debtor to obtain plan confirmation. The debtor moved for a determination that the debtor was not a small business debtor in accordance with the debtor's amended petition which did not claim small business debtor status.

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Commercial opinion summary, case decided on August 08, 2008 , LexisNexis #1008-013
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In re Reyna

Jul
28
2008
Ruling
Objection to credit card debt proof of claim sustained due to lack of supporting evidence.
Procedural posture

In the debtors' chapter 13 bankruptcy case, a creditor filed a proof of claim for a credit card debt. The debtors objected to the proof of claim. The bankruptcy court held a hearing on the objection.

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Consumer opinion summary, case decided on July 28, 2008 , LexisNexis #1008-019
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In re Pina

Dec
23
2007
Ruling
Request for moratorium on chapter 13 plan payments due to situations beyond debtors'control granted as request for modification.
Procedural posture

The debtors filed a motion for a "moratorium" on their chapter 13 plan payments which the court treated as a motion to modify the plan under 11 U.S.C. § 1329. The motion also requested an award of additional compensation for counsel. The chapter 13 trustee filed objections. The court considered identical pleadings and objections in two other cases.

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Consumer opinion summary, case decided on December 23, 2007 , LexisNexis #0208-035
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