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6th circuit

Messenger v. Messenger (In re Messenger)

Ruling
Debtor's assumption of marital credit card debt was deemed nondischargeable.
Procedural posture

Plaintiff ex-wife brought a complaint pursuant to 11 U.S.C. § 523(a)(15) to determine the dischargeability of a marital debt assumed by defendant debtor.

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opinion summary, case decided on July 08, 2005 , LexisNexis #0106-089

In re Freeman

Ruling
Creditor did not violate automatic stay when the debtors made postpetition payments on a collateralized debt that was to be reaffirmed but had not yet been reaffirmed.
Procedural posture

The debtors filed a petition for relief under chapter 7 of the Code. The debtors filed a motion for an order directing the turnover of monies held by a creditor. The creditor filed an objection to the motion. The court treated the matter as an action for a violation of the automatic stay under 11 U.S.C. § 362, pursuant to the court's authority under 11 U.S.C. § 105(a), together with Fed. R. Bankr. P. 7015 and 9014.

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opinion summary, case decided on June 01, 2005 , LexisNexis #0106-110