Judge Stinnett

In re Parrott

Before the court was the chapter 13 trustee's objection to confirmation of debtors' proposed chapter 13 plan.
Ruling: 
Confirmation denied where plan provision favoring student loan claims unfairly discriminated against other unsecured claims.
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Consumer case opionion summary, case decided on December 29,2009, LexisNexis #0210-125

Hixson v. McDowell (In re McDowell)

Plaintiff creditor filed an amended complaint alleging that a judgment debt should be excepted from discharge under 11 U.S.C.S. §§ 1328(a)(2) and 523(a)(4) as a debt for embezzlement or larceny. Defendant chapter 13 debtor filed a motion to dismiss the amended complaint on the grounds that it failed to state a claim upon which relief could be granted pursuant to Fed. R. Bankr. P. 7012(b) and Fed. R. Civ. P. 12(b)(6).
Ruling: 
Motion to dismiss complaint for nondischargeability of judgment debt based on debtor's fraud and embezzlement denied.
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Consumer case opionion summary, case decided on December 01,2009, LexisNexis #0110-055

Jahn v. Cornerstone Cmty. Bank (In re U.S. Ins. Group LLC)

A bankruptcy debtor, an insurance agency with a main asset of a book of business containing customer information, brought an adversary proceeding against defendant creditors seeking a determination of the creditors' security interests. After the debtor's case was converted to chapter 7 liquidation, plaintiff bankruptcy trustee moved for summary judgment that one creditor was entitled to the proceeds of sale of the book of business.
Ruling: 
Secured creditor's interest in proceeds of book of business was subject to security interest of second creditor.
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Commercial case opionion summary, case decided on December 01,2009, LexisNexis #0110-048

Tomlin v. Crownover (In re Crownover)

Plaintiff creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a judgment they obtained against the debtor in a Tennessee court was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(6). The creditors filed a motion for summary judgment.
Ruling: 
State court judgment did not sufficiently establish facts to be res judicata on issue of nondischargeability.
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Consumer case opionion summary, case decided on August 27,2009, LexisNexis #1209-120

In re Westerfield

Debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors. The debtor's ex-wife filed a claim against the debtor's bankruptcy estate, and asserted that her claim was entitled to first priority among unsecured claims, pursuant to 11 U.S.C.S. § 507(a)(1), because it was based on a "domestic support obligation" under 11 U.S.C.S. § 101(14a). The debtor filed an objection to his ex-wife's claim.
Ruling: 
Debtor's obligation to pay mortgage for former spouse was a domestic support obligation entitled to first priority among unsecured claims.
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Consumer case opionion summary, case decided on March 13,2009, LexisNexis #0509-011

In re Clark

The U.S. Trustee moved to dismiss bankruptcy debtors' case for abuse of bankruptcy based on a presumption of abuse under 11 U.S.C.S. § 707(b)(2), or based on the totality of the circumstances under § 707(b)(3). The debtors asserted that the motion was untimely since it was not filed within the 30-day period provided in 11 U.S.C.S. § 704(b)(2).
Ruling: 
Motion to dismiss for abuse denied as untimely where not filed within ten days of first date set for meeting of creditors.
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Consumer case opionion summary, case decided on June 27,2008, LexisNexis #1108-082

In re Boller

A debtor sought confirmation of a chapter 13 plan. The debtor's former spouse objected to the confirmation on the ground that it failed to provide for payment in full of a domestic support obligation. Although the parties were provided an opportunity to present evidence, the only evidence submitted was the divorce decree which incorporated a compromise agreement signed by the parties.
Ruling: 
Obligations under divorce agreement were not in the nature of support where alimony was specifically waived and other indicia were not present.
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Consumer case opionion summary, case decided on June 27,2008, LexisNexis #1108-071

In re Spurgeon

Chapter 13 trustee objected to confirmation of the debtor's proposed chapter 13 plan on the ground that it did not satisfy the disposable income test of 11 U.S.C. § 1325(b)(1).
Ruling: 
Plan provision for surrender of mobile home could not include post-filing installment payments in expense deductions.
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Consumer case opionion summary, case decided on October 10,2007, LexisNexis #1107-091

In re Kidwell

The debtor moved to redeem his motor vehicle from the secured creditor thereof, and the creditor objected. At issue was whether the debtor was bound by his prior statement of intent to reaffirm the debt, and if he was not bound, what value should be assigned to the vehicle for purposes of redemption. The creditor argued that the debtor failed to timely amend his statement of intent to reaffirm, and was not entitled to redeem the vehicle.
Ruling: 
Motion to redeem motor vehicle effectively amended debtor's prior statement of intent to reaffirm.
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Consumer case opionion summary, case decided on October 04,2007, LexisNexis #1107-010

In re Harris

A chapter 13 debtor filed a motion, pursuant to Fed. R. Civ. P. 62 and Fed. R. App. P. 8, for a stay pending appeal of orders, which denied the debtor's motion for sanctions and granted the sellers'motion for relief from the automatic stay under 11 U.S.C. § 362(d).
Ruling: 
Court denied stay pending appeal of order granting relief from stay to allow action for possession of property occupied by debtor pursuant to installment sale contract.
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