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In re Bayless

Oct
18
2006
Ruling
Creditor's secured claim could not be bifurcated into secured and unsecured portions upon debtor's surrender of vehicle.
Procedural posture

The debtors filed a motion to confirm their chapter 13 plan. The creditor which financed the debtors'vehicle filed an objection, arguing, in part, that the debtors were required to provide for the deficiency. The issue was whether 11 U.S.C. § 1325(a)(5) (2005) allowed the debtors to surrender a vehicle in full satisfaction of the debt.

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opinion summary, case decided on October 18, 2006 , LexisNexis #0107-119
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In re Jarvis

Sep
29
2006
Ruling
Bankruptcy petition preparer sanctioned for failure to comply with signature requirements and for failing to file compensation disclosure statement.
Procedural posture

The United States Trustee filed a motion seeking to impose fines on a bankruptcy petition preparer in a chapter 7 bankruptcy proceeding pursuant to 11 U.S.C. § 110(l)(1) and (2)(d). The Trustee also sought forfeiture of the preparer's compensation pursuant to section 110(h). The preparer did not appear or respond to the Trustee's motion.

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opinion summary, case decided on September 29, 2006 , LexisNexis #1106-106
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In re Reyes

Aug
18
2006
Ruling
Chapter 13 case dismissed due to debtor's failure to obtain credit counseling or to establish exigent circumstances to justify a waiver.
Procedural posture

A debtor was required to appear and show cause why her chapter 13 bankruptcy case should not have been dismissed for failure to obtain the consumer credit counseling briefing required by 11 U.S.C. § 109(h)(1).

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opinion summary, case decided on August 18, 2006 , LexisNexis #1106-002
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In re Cole

Jul
31
2006
Ruling
Case dismissed where debtor obtained credit counseling on filing date and not within 180 days before filing.
Procedural posture

Chapter 13 trustee filed a motion to dismiss debtor's bankruptcy case for failure to timely obtain the credit counseling briefing required by 11 U.S.C. § 109(h).

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opinion summary, case decided on July 31, 2006 , LexisNexis #0906-036
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