Judge Kendig

In re Rock

A debtor filed an application to proceed in forma pauperis and to waive the chapter 7 filing fee, pursuant to 28 U.S.C.S. § 1930(f).
Ruling: 
Debtor without ability to pay filing fee, even in installments, granted waiver.
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Consumer case opionion summary, case decided on March 07,2008, LexisNexis #0408-130

In re Baum

The U.S. Trustee moved to dismiss a bankruptcy debtor's case for abuse of chapter 7 on the ground that gambling debts were the decisive factor that pushed the debtor to seek bankruptcy protection, and thus the bankruptcy was filed in bad faith and under circumstances indicating abuse within the meaning of 11 U.S.C.S. § 707(b)(3)(A), (B).
Ruling: 
Excessive online gambling debts were not indicative of bad faith.
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Consumer case opionion summary, case decided on February 29,2008, LexisNexis #0408-015

Mason v. Hines (In re Hines)

Defendant debtors filed for relief under chapter 7 of the United States Bankruptcy Code. Plaintiff trustee alleged that the debtors had failed to turnover non-exempt assets in accordance with a court order issued in the main case. The debtors did not oppose the motion, and the trustee filed a motion for summary judgment.
Ruling: 
Discharge denied due to debtor's failure to make required tax refund turnover payments.
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Consumer case opionion summary, case decided on January 23,2008, LexisNexis #0208-139

United States Trustee v. Pfahler (In re Pfahler)

Plaintiff, the U.S. Trustee (UST) for Region 9, sought revocation of defendant debtors' discharge under 11 U.S.C.S. § 727(a)(2), (a)(4)(A), (c), alleging that debtors transferred property prepetition with the intent to hinder, delay, or defraud creditors, and made a false oath or account of such transfers in an 11 U.S.C.S. § 341 meeting. Debtor husband was the sole remaining defendant. The matter was pending decision after trial.
Ruling: 
Discharge denied where debtor understated proceeds of sale of vehicles.
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Consumer case opionion summary, case decided on January 23,2008, LexisNexis #0208-121

In re McFarland

A debtor filed an application to waive the chapter 7 filing fee and proceed in forma pauperis, pursuant to 28 U.S.C. § 1930(f).
Ruling: 
Debtor below 150% of poverty threshold and with monthly shortfall granted waiver of chapter 7 filing fee.
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Consumer case opionion summary, case decided on October 25,2007, LexisNexis #1107-126

In re Fleming

The debtors filed an application to waive the chapter 7 filing fee and proceed in forma pauperis, pursuant to 28 U.S.C. § 1930(f).
Ruling: 
Debtors at 150% of poverty threshold entitled to waiver of filing fee.
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Consumer case opionion summary, case decided on October 09,2007, LexisNexis #1107-094

In re Westfall

Debtors filed a petition under chapter 13, and a plan for paying their creditors. Two creditors filed objections to the plan because the debtors proposed to bifurcate vehicle loans into secured and unsecured claims. The court asked the parties to brief the law that applied to the term "purchase money security interest," that appeared in 11 U.S.C. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Inclusion of negative equity in motor vehicle loan did not prevent application of hanging paragraph to purchase money portion of loan.
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Consumer case opionion summary, case decided on September 24,2007, LexisNexis #1107-056

In re Gaikoski

The bankruptcy court reviewed sua sponte whether debtor's chapter 7 petition complied with the credit counseling requirement under 11 U.S.C. § 109(h).
Ruling: 
Case dismissed where debtor received credit counseling more than 180 days before petition date and did not request waiver or deferral.
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In re Ermi

Bankruptcy debtors identified their interest in a vehicle lease on their schedules and subsequently amended their schedules to indicate their intention to assume the unexpired lease. A creditor with a security interest in the vehicle moved for a comfort order pursuant to 11 U.S.C. § 362(j) confirming that the automatic stay terminated with regard to the vehicle based on the lack of a timely indication of intent and/or assumption of the lease.
Ruling: 
Creditor was not entitled to comfort order where debtors failed to timely assume vehicle lease but had not previously filed for bankruptcy.
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