Judge Barbosa

In re Drengacz

A chapter 13 debtor objected to the amount and priority status of his ex- wife's proof of claim. The ex-wife asserted that a portion of the claim should be given priority status under 11 U.S.C.S. § 507(a)(1) as a past-due domestic support obligation.
Ruling: 
Claim of debtor's former spouse entitled to priority status only to the extent in the nature of support.
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Consumer case opionion summary, case decided on November 09,2012, LexisNexis #1212-010

In re Hersh

A bankruptcy debtor proposed a plan which provided for payment to creditors of the debtor's projected disposable income based on support payments from the debtor's estranged spouse. A creditor objected to confirmation of the debtor's plan on the ground that not all of the debtor's projected disposable income was applied to the plan as required by 11 U.S.C.S. 1325(b)(1).
Ruling: 
Confirmation denied due to failure to apply all projected disposable income to payment of unsecured creditors.
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Consumer case opionion summary, case decided on November 02,2012, LexisNexis #1212-031

Olsen v. Heaver (In re Heaver)

The chapter 7 trustee sought to avoid a mortgage granted by the debtor to mortgagee bank, where the mortgage was recorded 7 days before the deed that conveyed the interest in land to the debtor was recorded. The mortgagee bank argued that the doctrine of after acquired title should render the mortgage validly recorded.
Ruling: 
Mortgage recorded outside of chain of title could be avoided.
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Consumer case opionion summary, case decided on October 15,2012, LexisNexis #1112-020

In re Kimmell

Bankruptcy trustee brought an adversary proceeding against former spouse of a bankruptcy debtor seeking to avoid an unequal division of property under a settlement agreement in the divorce proceeding of the debtor and the spouse as an actually and constructively fraudulent transfer under 11 U.S.C.S. § 548.
Ruling: 
Property division in divorce settlement was not actually or constructively fraudulent.
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Consumer case opionion summary, case decided on October 12,2012, LexisNexis #1112-055

Olsen v. Heaver (In re Heaver)

Chapter 7 trustee filed an adversary complaint to determine the validity of creditor's mortgage on the debtor owner's real property, arguing that, because the mortgage was recorded before the deed to the debtor, it was recorded outside the chain of title under the Illinois Conveyance Act, 765 ILCS 5/30, and was thus avoidable under 11 U.S.C.S. § 544(a)(3).
Ruling: 
Mortgage recorded outside chain of title could be avoided.
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Consumer case opionion summary, case decided on June 13,2012, LexisNexis #0712-024

Sullivan v. Ratz (In re Ratz)

Creditor brought an adversary proceeding against bankruptcy debtor alleging that the debtor failed to complete a construction project for which the debtor was paid by the creditor, seeking a declaration that the debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a), and seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a).
Ruling: 
Defective and untimely completion of schedules did not provide grounds for denial of discharge absent fraudulent intent.
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Consumer case opionion summary, case decided on May 31,2012, LexisNexis #0712-090

In re Peterson

Movant, a creditor who had filed an unsuccessful motion to dismiss a bankruptcy filed by a debtor on the ground of bad faith under 11 U.S.C. § 707, moved for a new trial or for an order altering or amending the judgment per Fed. R. Bankr. P. 9023. An evidentiary hearing was held.
Ruling: 
Case dismissed at new trial as filed in bad faith for purposes of delay.
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Consumer case opionion summary, case decided on April 30,2012, LexisNexis #0512-091

State Farm Bank v. Quick (In re Quick)

Creditor filed a complaint against chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The creditor moved for summary judgment.
Ruling: 
Debt was nondischargeable based on debtor's admission of false misrepresentations.
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Consumer case opionion summary, case decided on January 27,2012, LexisNexis #0312-011

Hawthorne Credit Union v. Quick (In re Quick)

Credit union filed a complaint against chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(B). The credit union filed a motion for summary judgment.
Ruling: 
Loan debt was nondischargeable due to debtor's admittedly false loan application.
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Consumer case opionion summary, case decided on January 27,2012, LexisNexis #0212-119

Borowiak v. Conner (In Conner)

Plaintiff investor sought a determination that an obligation owed by defendant, a chapter 7 debtor, was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Creditor investor's claim was dischargeable absent evidence of fraud.
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Consumer case opionion summary, case decided on December 22,2011, LexisNexis #0212-053

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