Judge Perkins

In re Ferguson

The debtors sought confirmation of a first amended chapter 12 plan of reorganization. Objections to confirmation were filed by certain creditors. The standing chapter 12 trustee asserted a verbal objection and filed a brief in opposition to confirmation.
Ruling: 
Confirmation denied due to proposal to use estate assets to pay postpetition tax liability.
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Consumer case opionion summary, case decided on January 02,2013, LexisNexis #0113-095

Turnbow v. Blundy (In re Blundy)

Plaintiff-cross defendant creditor filed a complaint seeking a determination that his debt for funds loaned be excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), and , alternatively, that the debtor be denied a discharge under 11 U.S.C.S. § 727(a)(2)(A) and (a)(4)(A). The debtor also filed a complaint against the creditor alleging various violations of the automatic stay under 11 U.S.C.S. § 362(a)(6) and (k).
Ruling: 
Transfer by debtor to father of amount equivalent to joint loan from creditor in order to purchase building was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on September 28,2012, LexisNexis #1212-059

In re Rowand

Chapter 7 trustee moved for an order designating him as beneficiary of two spendthrift family trusts in place of the debtor. The issue was whether debtor's interest as a beneficiary under the trusts created by her parents constituted property of her bankruptcy estate.
Ruling: 
Debtor's beneficiary interest in spendthrift trust was not property of the estate.
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Consumer case opionion summary, case decided on July 30,2012, LexisNexis #0812-084

Johnson v. Johnson (In re Johnson)

A chapter 7 debtor's ex-wife and the ex-wife's attorney filed an adversary proceeding against debtor, seeking a determination that a debt the debtor owed to the attorney was nondischargeable under 11 U.S.C.S. § 523(a)(5) because it was a "domestic support obligation" as that term was defined by 11 U.S.C.S. § 101(14A). Plaintiffs filed a motion for summary judgment.
Ruling: 
Marital settlement agreement created debt that was nondischargeable.
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Consumer case opionion summary, case decided on July 10,2012, LexisNexis #0812-020

Burdick v. Bryant (In re Bryant)

Plaintiff, the owner of a 1931 Model A Ford, filed a complaint against chapter 7 debtor, seeking a determination that the debt arising from his agreement with the debtor to restore his vehicle was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4) and (a)(6).
Ruling: 
Conversion of classic car resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on June 12,2012, LexisNexis #0712-021

In re Harris

Chapter 13 debtors objected to a proof of claim filed by a mortgagee, which included an arrearage that arose from the mortgagee's prepetition payment of delinquent real estate taxes.
Ruling: 
Debtors could cure arrearage in real estate taxes through chapter 13 plan.
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Consumer case opionion summary, case decided on April 23,2012, LexisNexis #0512-063

In re FasTech Servs.

Debtor corporation declared chapter 11 bankruptcy and operated its business as a debtor-in-possession from April 2010 until June 2011, when its case was converted to one under chapter 7 of the Bankruptcy Code. A union pension fund and a union welfare fund filed claims against the debtor's bankruptcy estate and sought a determination that their claims were entitled to priority status under 11 U.S.C.S. §§ 507(a)(2) and 503(b)(1)(A).
Ruling: 
Postpetition, preconversion interest on union funds' claims for unpaid contributions were entitled to priority status, although claim for damages was not.
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Commercial case opionion summary, case decided on April 09,2012, LexisNexis #0512-008

Krieger v. Educational Credit Mgmt Corp. (In re Krieger)

Chapter 7 debtor filed a pro se complaint against defendant student loan creditor, seeking to discharge her student loan obligations pursuant to 11 U.S.C.S. § 523(a)(8)(B).
Ruling: 
Student loan debt discharged where debtor had made good faith effort to repay and had no reasonable likelihood of gainful employment.
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Consumer case opionion summary, case decided on April 05,2012, LexisNexis #0512-054

In re T.A. Brinkoetter & Sons Inc.

When a chapter 11 debtor in possession (DIP) failed to timely pay postpetition fringe benefits under a collective bargaining agreement (CBA) that it did not reject under 11 U.S.C. § 1113, movants, the pension and welfare funds to which the payments were owed, asked the court to grant administrative expense status to those debts. The court treated the matter as a motion under Fed. R. Bankr. P. 9013 and 9014.
Ruling: 
Interest, but not penalties, on late payments under collective bargaining agreement was nondischargeable.
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Commercial case opionion summary, case decided on March 28,2012, LexisNexis #0512-096

Shinn v. IRS (In re Shinn)

Plaintiff debtor filed a complaint against defendant Internal Revenue Service (IRS), seeking a determination that his federal income tax liability for the tax years 1998 through 2006 was dischargeable pursuant to 11 U.S.C.S. § 523(a)(1). The IRS conceded dischargeability as to all tax years except 2001 and 2002. The IRS filed a motion for summary judgment.
Ruling: 
Taxes for years in which debtor did not file returns until after IRS assessed deficiencies were nondischargeable.
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Consumer case opionion summary, case decided on March 22,2012, LexisNexis #0412-115

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