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In re Pattison

Jul
06
2006
Ruling
Court sustained trustee's confirmation objection since debtor had more monthly income available as disposable income.
Procedural posture

Movant chapter 13 trustee objected to confirmation of respondent debtor's plan.

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opinion summary, case decided on July 06, 2006 , LexisNexis #0806-067
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In re Evans

Jan
20
2006
Ruling
Court sustained debtors' objection to some of a creditor mortgagee's proof of claim for attorneys'fees and costs since the creditor could not make a secured arrearage claim under section 1322(e) if the fees and costs did not first qualify as part of a secured claim under section 506(b).
Procedural posture

In a chapter 13 bankruptcy case, debtors objected to a proof of claim filed by creditor, a mortgagee. More specifically, they objected to the extent of creditor's claim. The court conducted a hearing on the objection.

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opinion summary, case decided on January 20, 2006 , LexisNexis #0206-048
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Field v. Wells Fargo (In re Bross)

Jan
18
2006
Ruling
Trustee was able to avoid a transfer pursuant to section 544(a)(3) since the mortgage was not signed by the debtor and, thus, not fully executed.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant mortgagee seeking to avoid a putative mortgage under 11 U.S.C. § 544(a)(3) on the ground that the mortgage was not signed by the bankruptcy debtor as the mortgagor as required by Ohio Rev. Code Ann. § 5301.01. The trustee and the mortgagee cross-moved for summary judgment.

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opinion summary, case decided on January 18, 2006 , LexisNexis #0506-017
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