Western District

Still v. Gault (In re Gault)

In a chapter 7 case, plaintiff trustee sued defendant debtor, seeking to revoke the debtor's discharge pursuant to 11 U.S.C. § 727(d)(2). The court denied the trustee's motion for default judgment and dismissed the complaint. The trustee then moved to vacate the dismissal.
Ruling: 
Concealment of prepetition property did not provide grounds for revocation of discharge.
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In re Bass

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).
Ruling: 
Court denied motion to dismiss since debtor had substantially complied with section 109(h) requirements.
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In re Johnson

The court conducted a hearing on debtor's motion to extend the automatic stay and the creditor's opposition thereto. The court granted debtor's motion in open court and asked debtor's attorney to submit an order. The court signed the order granting the motion, but due to the nature of the creditor's opposition to the motion, the court entered a memorandum opinion clarifying its ruling.
Ruling: 
Creditor could not foreclose on the debtor's home since the stay did not automatically end after 30 days with respect to the debtor's home and thus remained in effect until the debtor's case was dismissed or discharged.
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In re Blurton

Debtors filed a motion for payment of an administrative claim under 11 U.S.C. § 503(b). The debtors sought payment of attorney's fees and reimbursement of appraisal costs. They also requested reimbursement for mileage and for "administrative hours" composed of the personal time both debtors spent on the case. Both the chapter 7 trustee and the United States trustee filed objections.
Ruling: 
Debtors were not granted administrative fees for payment of attorneys' fees since their counsel was not employed by or approved by the trustee.
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Followell v. United States (In re Gurley)

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