Judge Lloyd

In re Grimes

Debtors filed a petition under chapter 13, and a motion to strip off a judgment lien which a bank held on their residence.
Ruling: 
Judgment lien was secured by sufficient equity in debtor's homestead and was not avoidable.
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Consumer case opionion summary, case decided on October 16,2007, LexisNexis #1107-047

In re Strode

The debtors filed for relief under chapter 13 and submitted a proposed plan. The debtors filed an objection to a claim filed by a bank. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Full faith and credit clause does not prevent reasonableness review of state court fee order.
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Consumer case opionion summary, case decided on October 15,2007, LexisNexis #1107-007

In re Kleinhelter

A chapter 13 trustee filed a motion to disallow the bankruptcy debtors'claims.
Ruling: 
Secured Claims asserted by debtors against themselves which lacked sufficient detail and factual or legal support were not valid "claims."
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Consumer case opionion summary, case decided on October 12,2007, LexisNexis #1107-001

In re Edmunds

A creditor held a judgment lien against the debtors. The debtors filed a motion to strip off the lien pursuant to 11 U.S.C. § 522(f). The debtors contended that the lien impaired their homestead exemption. The debtors further contended that the creditor's claim was unsecured and thus could be stripped off under section 522(f).
Ruling: 
Lien on property in which there was equity could not be modified.
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In re Healthessentials Solutions Inc.

The United States (Government) filed a motion seeking entry of an order declaring that the automatic stay of 11 U.S.C. § 362(a)(1) did not apply to the Government's pursuit of a lawsuit under the False Claims Act, 31 U.S.C. § 3729-33.
Ruling: 
Automatic stay applied to government lawsuit under False Claims Act.
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In re Best

A chapter 7 trustee filed a motion seeking an order disallowing a creditor's claim to the extent that it asserted a right to postpetition interest calculated at the rate that applied under the state law that governed the claim. At issue was the meaning of the phrase "legal rate" as used in 11 U.S.C. § 726(a)(5) and whether it was the same as the rate under 28 U.S.C. § 1961.
Ruling: 
Creditor's claim for postpetition interest on state court judgment at rate allowed by state law disallowed to the extent exceeding federal judgment interest rate.
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Watkins v. Watkins (In re Watkins)

Plaintiff creditor/husband (husband) filed a complaint objecting to the discharge of a debt pursuant to 11 U.S.C. § 523(a)(5) and (a)(15) owed by defendant wife/debtor (wife).
Ruling: 
Property settlement was nondischargeable where benefit of discharge outweighed harm to former spouse.
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Pulley v. Pulley

Plaintiff former spouse filed a complaint against defendant chapter 7 debtor, seeking to have the debt owed to her declared nondischargeable pursuant to 11 U.S.C. § 523(a)(5) and (15). The court held a trial.
Ruling: 
Amount owed under property settlement agreement was nondischargeable where debtor had sufficient resources to pay.
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In re Rynerson

After a debtor's amended chapter 11 plan of reorganization was confirmed, the hospital moved to reopen the case and to either convert the case to chapter 7 or dismiss the chapter 11 case on the grounds that the debtor did not comply with the plan on payments to unsecured creditors or on liquidation of estate assets and that the debtor failed to disclose assets. The debtor objected to the motion.
Ruling: 
Motion to convert or dismiss chapter 11 case denied where creditors'position would not be improved.
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In re James M. Rynerson M.D. P.S.C.

A creditor filed a motion to convert a debtor's case to chapter 7 or, in the alternative, to dismiss the debtor's chapter 11 case, pursuant to 11 U.S.C. § 1112.
Ruling: 
Conversion or dismissal denied as not in best interests of creditors where there was no default and plan was substantially consummated.
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