Western District

In re Baker

Ruling: 
IRS notice of levy against chapter 13 trustee to collect disbursements due to creditor violated the automatic stay.
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Consumer case opionion summary, case decided on January 14,2015, LexisNexis #0315-007

In re Brown

Ruling: 
Undisbursed funds held by chapter 13 trustee were property of the estate until debtor was discharged or case closed and were not subject to IRS levy to satisfy taxes owed by creditor.
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Consumer case opionion summary, case decided on January 14,2015, LexisNexis #0315-008

In re Elrod

Ruling: 
IRS levy served upon chapter 13 trustee against disbursements due to creditor violated the stay.
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Consumer case opionion summary, case decided on January 14,2015, LexisNexis #0215-079

Glassman Edwards Wyatt Tuttle & Cox P.C. v. Wade (In re Wade)

Ruling: 
Arbitration of creditor's claims denied as involving nondischargeability, which was within bankruptcy court's exclusive jurisdiction.
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Consumer case opionion summary, case decided on December 15,2014, LexisNexis #0115-101

In re Denman

Ruling: 
Operating agreement of LLC was not an executory contract and another member was not entitled to relief from stay to enforce buyout provision against debtor.
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Consumer case opionion summary, case decided on July 24,2014, LexisNexis #0814-075

Glassman Edwards Wyatt Tuttle & Cox PC v. Wade (In re Wade)

Ruling: 
Stay pending appeal of denial of debtor's motion for mandatory abstention denied.
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Consumer case opionion summary, case decided on November 06,2013, LexisNexis #0114-104

United States v. Robinson (In re Robinson)

The United States filed a motion that sought, inter alia, to have the automatic stay under 11 U.S.C.S. § 362(a) judicially declared inapplicable to the government's efforts to collect and enforce prepetition criminal restitution judgments against chapter 13 debtor under 11 U.S.C.S. § 362(b)(1) and 18 U.S.C.S. § 3613(a).
Ruling: 
Stay did not apply to protect debtor in possession against government efforts to collect and enforce criminal restitution payments.
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Consumer case opionion summary, case decided on November 21,2012, LexisNexis #0213-003

McSwain v. Williams (In re Williams)

Plaintiff partners filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor owed the partners debts that were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The partners filed a motion seeking relief under 11 U.S.C.S. § 362(d)(1) from the stay that was imposed when the debtor declared bankruptcy so they could proceed with an action they filed in state court.
Ruling: 
Relief from stay to allow creditor to proceed against debtor in state court contract action but not to seek enforcement.
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Consumer case opionion summary, case decided on July 20,2012, LexisNexis #0812-076

In re Hillard

Before the court was the trustee's objection to debtor's chapter 13 plan.
Ruling: 
Objection to confirmation sustained due to failure to include potentially avoidable interest of debtor's former spouse in real estate and mobile home in amount payable to creditors.
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Consumer case opionion summary, case decided on March 13,2012, LexisNexis #0412-032

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