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Western District

Gocha v. Cooper (In re Bailey)

Plaintiff, the chapter 7 trustee, filed an adversary complaint against defendants, the parents of the debtor wife, seeking to avoid and recover a transfer of $ 11,000 made by the debtors within ninety days before filing their bankruptcy petition. At issue was whether the debtors made the transfer for or on account of an antecedent debt, that is, that was owed by the debtors before such transfer was made, under 11 U.S.C.S. § 547(b)(2).
Ruling: 
Payments to debtor's parents on account of antecedent debt were avoidable.
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Consumer case opionion summary, case decided on May 11,2010, LexisNexis #0810-094

FIA Card Servs. N.A. v. May (In re May)

Plaintiff creditor filed a complaint against defendant debtor pursuant to 11 U.S.C.S. § 523(a)(2)(A), seeking to except from discharge a debt that the debtor incurred using a credit card issued to him by the creditor before he filed his bankruptcy petition.
Ruling: 
Repayment of prior credit card balances with cash advance was not grounds for nondischargeability.
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Consumer case opionion summary, case decided on May 03,2010, LexisNexis #0710-116

Gibson v. ECMC (In re Gibson)

Plaintiff chapter 7 debtor filed an adversary proceeding against defendants, two creditors that succeeded to interests held by student loan lenders who extended credit to the debtor before she declared bankruptcy, seeking a determination that debts she owed the creditors were dischargeable under 11 U.S.C.S. § 523(a)(8). The case was tried to the court.
Ruling: 
Healthy 34-year old single mother who had quit job was not entitled to undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on April 30,2010, LexisNexis #0710-119

In re Hight

A debtor filed a bankruptcy petition before filing a state income tax return for the prior calendar year, and the debtor did not file the return until shortly before the date the return was required to be filed. The State of Michigan objected to the debtor's filing of a proof of claim on the State's behalf for the income taxes due on the return.
Ruling: 
State's objection to debtor's filing of proof of claim for state income tax on the state's behalf overruled.
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Consumer case opionion summary, case decided on March 24,2010, LexisNexis #0610-082

Kashiske v. Frank (In re Frank)

Plaintiff creditor filed a complaint against defendant chapter 7 debtor to exempt a state court judgment debt from discharge under 11 U.S.C.S. § 523(a)(4) and (a)(6). The creditor moved for summary judgment on the § 523(a)(6) count, premised on the state court judgment's collateral estoppel effect.
Ruling: 
Default judgment debt from conversion case was nondischargeable.
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Consumer case opionion summary, case decided on March 05,2010, LexisNexis #0510-051

Lewis v. Lewis (In re Lewis)

Debtor requested, inter alia, a determination that: (1) any obligation he owed to defendant, his (soon-to-be) ex-wife, was not a domestic support obligation, 11 U.S.C.S. § 523(a)(5), and that any such obligation was "discharged," (2) any other obligation he owed to her was not covered by § 523(a)(15) and was also "discharged." She moved for summary judgment.
Ruling: 
Debtor's obligations to former spouse pursuant to state court's temporary order were not nondischargeable domestic support obligations.
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Consumer case opionion summary, case decided on February 24,2010, LexisNexis #0510-016

In re Trudell

Debtors filed a petition under chapter 7, and a trustee was appointed to administer their bankruptcy estate. The trustee filed an objection to the debtors' claim that they were entitled under 11 U.S.C.S. § 522(d)(5) to exempt federal and state tax refunds they received for 2008 from property that was included in their bankruptcy estate.
Ruling: 
Tax refunds not expected at time debtors completed schedules were exempt but attorney would be considered for possible sanctions.
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Consumer case opionion summary, case decided on February 19,2010, LexisNexis #0510-014

In re Fleming

The trustee filed a motion under 11 U.S.C.S. § 542 to recover from debtor tax refunds and other amounts that had become the estate's property upon the commencement of their chapter 7 case.
Ruling: 
Three-year delay barred trustee from seeking turnover of tax refund for which no return was filed.
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Consumer case opionion summary, case decided on February 19,2010, LexisNexis #0510-032

In re Te-Kon Travel Court Inc.

Debtors filed petitions under chapter 11 of the Bankruptcy Code in February 2004, and they entered into an agreement with various lenders which required them to pay the lenders $ 50,033 per month for 12 months and to make a balloon payment on July 11, 2007. A bank that represented the lenders filed a motion to enforce the debtors' reorganization plan or, in the alternative, to convert their case to ones under chapter 7 of the Bankruptcy Code.
Ruling: 
Conversion to chapter 7 denied upon debtor's default under agreement with lenders but debtor was ordered to surrender property.
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Commercial case opionion summary, case decided on February 08,2010, LexisNexis #0510-069

In re Pontius

A bankruptcy debtor claimed a homestead exemption under Mich. Comp. Laws Ann. § 600.5451(1)(n) which provided the exemption solely for debtors in bankruptcy. The bankruptcy trustee objected to the exemption on the ground that the bankruptcy-specific state law was unconstitutional.
Ruling: 
State statute that established homestead exemption applicable solely in federal cases was unconstitutional.
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Consumer case opionion summary, case decided on December 22,2009, LexisNexis #0110-114

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