Judge Kendig

Morris v. PHH Mortg. Servs. (In re Phillips)

Plaintiff chapter 7 trustee brought an adversary proceeding seeking to avoid the lien of defendant creditor in a manufactured home occupied by defendant debtors as their homestead. The parties submitted the matter for determination on stipulations contained in the pretrial order, stipulated exhibits, oral argument and post-argument briefs.
Ruling: 
Trustee utilized strong-arm powers to avoid lien in debtor's manufactured home.
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Consumer case opionion summary, case decided on December 21,2009, LexisNexis #0210-015

In re Sawyer

A debtor filed a motion, pursuant to 11 U.S.C.S. § 524(m)(1), to approve a reaffirmation with a creditor covering the debtor's motor vehicle.
Ruling: 
Reaffirmation agreement that constituted an undue financial hardship on debtor could not be approved.
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Consumer case opionion summary, case decided on February 24,2009, LexisNexis #0509-085

In re Baughman

The trustee and a creditor each filed objections to the debtors' plan as proposed for confirmation. The debtors took ownership deduction claimed on Official Bankr. Form B22C (the "means test") under IRS local standards for ownership expenses on two vehicles, one of which had less value than its loan, and the second of which was owned free and clear. Therefore, they argued that the plan must not be confirmed.
Ruling: 
Debtor could not claim ownership deduction on vehicle owned free and clear.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1208-129

In re Hammer

A husband and wife filed a chapter 7 petition, which included certificates of credit counseling stating that the requisite credit counseling course had been satisfied by their son, acting with a durable power of attorney granted by both the husband and wife. The matter was before the court sua sponte.
Ruling: 
Completion by debtors'son via durable power of attorney did not satisfy credit counseling requirement.
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Consumer case opionion summary, case decided on September 11,2008, LexisNexis #1208-072

In re Bibey

A debtor's attorney filed an application for compensation in a chapter 13 bankruptcy case.
Ruling: 
Presumptive fee awarded to debtor's attorney rather than higher amount requested where case was routine.
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Consumer case opionion summary, case decided on August 27,2008, LexisNexis #1108-109

In re Eckard

The United States Trustee filed a motion to dismiss chapter 7 debtors' bankruptcy case under 11 U.S.C.S. § 707(b)(3).
Ruling: 
Case ordered dismissed or converted due to debtor's abuse of bankruptcy system to pay for non-essential items at expense of unsecured creditors.
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Consumer case opionion summary, case decided on March 31,2008, LexisNexis #0508-048

In re Belden Locker Co.

Chapter 11 debtor sought partial summary judgment on the issue of the character and priority under 11 U.S.C.S. § 507(a)(8)(E) of two of the claims filed by the Ohio Bureau of Workers' Compensation (OBWC). The OBWC sought partial summary judgment on the issues of administrative priority under 11 U.S.C.S. § 503(b)(1)(A) and a determination of the allowed amount of the second of the two claims at issue.
Ruling: 
Tax claim of state workers' compensation bureau was an excise tax entitled to administrative priority.
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Commercial case opionion summary, case decided on March 21,2008, LexisNexis #0408-079

In re Hookey

A debtor filed an application to proceed in forma pauperis and waive the chapter 7 filing fee, pursuant to 28 U.S.C.S. § 1930(f).
Ruling: 
Debtor whose sole income from social security income was below 150% of poverty line granted waiver of filing fee.
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Consumer case opionion summary, case decided on March 20,2008, LexisNexis #0408-095

In re Nero

The debtors filed an application to proceed in forma pauperis and waive the chapter 7 filing fee, pursuant to 28 U.S.C.S. § 1930(f).
Ruling: 
Waiver of filing fee granted to debtor with income at less than 150% of poverty level.
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Consumer case opionion summary, case decided on March 19,2008, LexisNexis #0408-063

In re Metcalf

A debtor filed an application to proceed in forma pauperis and waive the chapter 7 filing fee, pursuant to 28 U.S.C.S. § 1930(f).
Ruling: 
Debtor with monthly surplus of $21 granted waiver of filing fee.
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Consumer case opionion summary, case decided on March 07,2008, LexisNexis #0408-129

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