Western District

Maas v. Northstar Educ. Fin. Inc. (In re Maas)

In this adversary proceeding, the debtor sought a determination that four loans he received while enrolled in law school were not educational benefit loans under 11 U.S.C.S. § 523(a)(8), and that the resulting debts alleged by defendant lender were dischargeable in his chapter 7 case.
Ruling: 
Unsecured loans predicated on debtor being a student were nondischargeable.
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Consumer case opionion summary, case decided on July 08,2013, LexisNexis #0813-056

In re Dang

Chapter 7 trustee objected to the debtor's claimed exemption, sought pursuant to 11 U.S.C.S. § 522(d)(10)(C) and (d)(11)(E), in funds received as the result of a settlement of a worker's compensation claim.
Ruling: 
Worker's compensation check received and deposited the day after the petition date was exempt.
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Consumer case opionion summary, case decided on June 13,2012, LexisNexis #0812-116

Richardson v. Deutsche Bank Natl Trust Co. (In re Stephens)

Chapter 7 trustee filed a complaint to invalidate a mortgage and set aside the foreclosure sale of debtor's home under 11 U.S.C.S. §§ 541, 544(a)(3). A mortgage assignor and a mortgage assignee, each filed a motion for summary judgment, Fed. R. Civ. P. 56(a).
Ruling: 
Trustee lacked standing to contest mortgage assignment and could not set aside mortgage or foreclosure.
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Consumer case opionion summary, case decided on May 21,2012, LexisNexis #0712-025

In re Michigan BioDiesel LLC

A firm, after buying a lender's note and security documents, filed a Uniform Commercial Code (UCC) termination statement (TS) in error, but 9 minutes later filed a correction statement (CS) under Mich. Comp. Laws § 440.9518. A creditor and debtor's trustee argued the error rendered the firm unsecured and the CS violated the automatic stay. The firm sought relief from stay under 11 U.S.C.S. § 362(d) to correct the error and ratify the CS.
Ruling: 
Relief from stay granted to allow filing of UCC correction statement to counteract erroneous termination statement.
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Commercial case opionion summary, case decided on May 21,2012, LexisNexis #0712-009

In re Young

Chapter 13 debtors filed a motion for entry of discharge, arguing that they satisfied the payment obligations under their plan. The chapter 13 trustee opposed the motion.
Ruling: 
Motion for discharge in chapter 13 case denied where debtors did not remit all disposable income during plan term.
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Consumer case opionion summary, case decided on April 29,2012, LexisNexis #0612-068

Meoli v. Huntington Natl Bank (In re Teleservices Group Inc.)

Plaintiff trustee sued defendant bank to recover more than $72 million dollars in transfers the bank received either directly from the debtor or indirectly through a related company. The trustee moved for summary judgment.
Ruling: 
Transfers to bank intended to defraud equipment finance creditor avoided as fraudulent.
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Commercial case opionion summary, case decided on March 30,2012, LexisNexis #0512-070

In re St. Vincent

On November 10, 2011, debtor filed a chapter 13 bankruptcy petition, schedules, and a plan, shortly after a chapter 7 bankruptcy trustee in Minnesota (the "Minnesota Trustee") named him as a defendant in an adversary proceeding. Debtor's chapter 13 Plan drew objections from the Minnesota Trustee and debtor's chapter 13 Trustee. The court held a confirmation hearing on March 6, 2012.
Ruling: 
Confirmation denied and case dismissed as filed solely to interfere with sale of property in bankruptcy case of debtor's spouse.
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Consumer case opionion summary, case decided on March 12,2012, LexisNexis #0512-103

In Lacourse

After the debtor's relationship with his attorney broke down, the attorney filed a motion to withdraw as counsel. The debtor filed a response, challenging the attorney's fee as excessive, thereby implicating the court's authority under 11 U.S.C.S. § 329 and Fed. R. Bankr. P. 2017. A hearing was conducted.
Ruling: 
Attorney's failure to disclose additional fee warranted disgorgement.
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Consumer case opionion summary, case decided on February 16,2012, LexisNexis #0412-007

Astera Credit Union v. Russell (In re Russell)

Credit union filed a complaint for a judgment that a debt owed by a chapter 7 debtor, was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Deficiency judgment was nondischargeable due to misrepresentations by debtor on which creditor justifiably relied.
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Consumer case opionion summary, case decided on January 25,2012, LexisNexis #0212-085

Moyer v. Carlyle (In re Strawberry)

Bankruptcy trustee brought an adversary proceeding against legal counsel alleging that counsel committed legal malpractice in representing a bankruptcy debtor. The bankruptcy court considered whether permissive abstention by the bankruptcy court was warranted under 28 U.S.C.S. § 1334(c)(1).
Ruling: 
Bankruptcy court abstained from hearing trustee's non-core state law-based legal malpractice action against debtor's counsel.
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Consumer case opionion summary, case decided on January 25,2012, LexisNexis #0212-140

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