Judge Walter

Peterson Transport v. Curtis (In re Curtis)

Ruling: 
Discharge could not be denied for alleged failure to keep adequate records where debtor produced sufficient records.
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Consumer case opionion summary, case decided on April 26,2016, LexisNexis #0516-132

Newman v. Bamberger (In re Newman)

Ruling: 
Bankruptcy court lacked jurisdiction over debtor's postpetition negligence claim against counsel.
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Consumer case opionion summary, case decided on February 17,2016, LexisNexis #0316-102

Mefford v. HSBC Mortg. Servs. (In re Mefford)

Ruling: 
Debtors' lien avoidance proceedings were time barred.
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Consumer case opionion summary, case decided on January 07,2015, LexisNexis #0216-087

Rossco Holdings Inc. v. Pacific Mercantile Bank (In re Rossco Holdings Inc.)

Ruling: 
Bankruptcy court did not err in awarding attorneys' fees to creditors who prevailed in adversary proceeding brought by debtors based on terms of earlier settlement of claims.
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Commercial case opionion summary, case decided on May 30,2014, LexisNexis #0614-106

In re Kyle

Ruling: 
Objection to state homestead exemption based on uncodified language regarding effective date of amendment increasing limit denied.
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Consumer case opionion summary, case decided on May 14,2014, LexisNexis #0614-012

In re Hall

Chapter 13 debtors filed a motion requesting sanctions and a determination that a tax resolution firm willfully violated the automatic stay pursuant to 11 U.S.C.S. § 362 by refusing to return funds to the debtors for postpetition services that the debtors ultimately deemed unsatisfactory.
Ruling: 
Tax resolution firm's refusal to return payment for postpetition services did not violate stay.
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Consumer case opionion summary, case decided on June 25,2013, LexisNexis #0813-077

Anderson v. Liberty Sav. Bank (In re Anderson)

Plaintiff chapter 13 debtor filed an adversary proceeding against defendant bank, seeking a determination that she was allowed to strip off a second mortgage lien the bank held on her residence. The debtor filed a motion for summary judgment on her claim.
Ruling: 
Second mortgage could be stripped off where first mortgage exceeded value of debtor's residence.
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Consumer case opionion summary, case decided on December 13,2012, LexisNexis #0113-045

Chandler v. Alexakis (In re Alexakis)

Plaintiff judgment creditors filed a complaint in which they requested that a state court judgment debt against defendant chapter 7 debtor be determined nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2) and § 523(a)(6).
Ruling: 
Debt was nondischargeable due to debtor's scheme purporting to help customers prevent foreclosure of their homes.
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Consumer case opionion summary, case decided on December 13,2012, LexisNexis #0113-048

In re Underwood

Movant, the United States trustee, filed a motion for entry of an order authorizing the examination of, and requiring the production of documents by secured creditor, the assignee of chapter 13 debtor's mortgage, pursuant to Fed. R. Bankr. P. 2004 and 9016. The creditor objected to the motion.
Ruling: 
Motion for examination of secured creditor granted with scope limited to debtor's specific loan history and correspondence with creditor.
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Consumer case opionion summary, case decided on September 08,2011, LexisNexis #1011-070

Pomeroy v. Ziegler (In re Ziegler)

Creditor filed an adversary proceeding against chapter 7 debtors seeking a determination of nondischargeability pursuant to 11 U.S.C.S. § 523(a)(2) and (4). An order compelling discovery was previously entered by the court. The creditor filed a motion to show cause why the debtor husband should not be found in contempt of the discovery order.
Ruling: 
Debtor held in contempt for failing to comply with discovery order in nondischargeability proceeding.
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Consumer case opionion summary, case decided on June 21,2011, LexisNexis #0711-084

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