Judge Gargotta

In re Camp

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to exemptions the debtor claimed under 11 U.S.C.S. § 522(d).
Ruling: 
Debtor who moved out of state less than 730 days before petition date could not claim federal exemption where state of prior residence opted out of federal scheme.
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Consumer case opionion summary, case decided on September 25,2008, LexisNexis #1108-008

In re Camp

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.
Ruling: 
Debtor who relocated to Florida but was not yet an official resident was bound by state's opt- out from federal exemption scheme.
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Consumer case opionion summary, case decided on September 18,2008, LexisNexis #1108-075

In re Lanehart

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).
Ruling: 
Case ordered converted or dismissed due to debtors' failure to cooperate with trustee or attend required conferences.
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Consumer case opionion summary, case decided on September 08,2008, LexisNexis #1108-086

In re Save Our Springs (S.O.S.) Alliance Inc.

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.
Ruling: 
Chapter 11 case dismissed due to small business debtor's failure to file plan prior to expiration of deadline.
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Commercial case opionion summary, case decided on August 08,2008, LexisNexis #1008-013

In re Reyna

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.
Ruling: 
Objection to credit card debt proof of claim sustained due to lack of supporting evidence.
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Consumer case opionion summary, case decided on July 28,2008, LexisNexis #1008-019

In re Pina

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.
Ruling: 
Request for moratorium on chapter 13 plan payments due to situations beyond debtors'control granted as request for modification.
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Consumer case opionion summary, case decided on December 23,2007, LexisNexis #0208-035

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