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In re Bass

Ruling
Court denied motion to dismiss since debtor had substantially complied with section 109(h) requirements.
Procedural posture

Debtor filed a motion for an extension of time to obtain credit counseling. The trustee filed an objection. The trustee also filed a motion seeking the dismissal of the debtor's chapter 7 case for failure to comply with the provisions of 11 U.S.C.S. § 109(h)(1) and (h)(3)(B) pursuant to 11 U.S.C. § 707(a).

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opinion summary, case decided on June 09, 2006 , LexisNexis #0706-038

Columbiana County Sch. Emples. Credit Union Inc. v. Cook (In re Cook)

Ruling
Creditor was denied a motion for summary judgment since the creditor did not allege a prima facie case of discharge by fraud.
Procedural posture

Appellant creditor challenged the Bankruptcy Court for the Northern District of Ohio's order denying its motion for default judgment and dismissing its complaint against appellee debtor without prejudice.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on April 03, 2006 , LexisNexis #0406-090

Educ. Credit Mgmt. Corp. v. Barrett (In re Barrett)

Ruling
Discharge of the debtor's student loans due to undue hardship was affirmed even though the debtor did not present expert evidence concerning the debtor's medical problems.
Procedural posture

Appellant creditor sought review of an order of the Bankruptcy Court for the Northern District of Ohio that discharged appellee debtor's student loans as the result of undue hardship pursuant to 11 U.S.C. § 523(a)(8).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 02, 2006 , LexisNexis #0306-087

Wellman v. Salt Creek Valley Bank (In re Wellman)

Ruling
Dismissal of debtors'chapter 13 case was affirmed since a substantial deficit in plan payments showed the debtors had materially defaulted in performing under their plan's terms.
Procedural posture

Debtors appealed from the bankruptcy court's orders: (1) dismissing their chapter 13 case with prejudice; and (2) denying their motion to reconsider the order of dismissal. Appellee was a first lienholder on a parcel of unimproved land adjacent to debtors'residence.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 26, 2006 , LexisNexis #0206-020

Followell v. United States (In re Gurley)

Ruling
Confirmation of debtor's plan did not discharge debtor's tax liability since it is a debt excepted from discharge.
Procedural posture

The debtor underwent a bankruptcy in a Chapter 11 proceeding. After the debtor's death, plaintiff personal representative reopened the debtor's case and sued defendant, the U.S. government, by its agency, the Internal Revenue Service (IRS), to determine liability for interest and penalties on taxes from before the bankruptcy filing. The parties filed cross-motions for summary judgment.

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opinion summary, case decided on November 07, 2005 , LexisNexis #0106-012