Judge Grant

Revere v. Nelnet (In re Revere)

Plaintiff debtor filed an adversary proceeding to determine the dischargeability of a student loan pursuant to 11 U.S.C.S. § 523(a)(8) owed to defendant creditor.
Ruling: 
Court refused to grant undue hardship discharge of student loan debt where debtor failed to show hopelessness of repayment.
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Consumer case opionion summary, case decided on October 22,2007, LexisNexis #0308-118

In re Hubbard

The chapter 13 trustee objected to confirmation of the debtors' proposed plan, arguing that the plan did not fulfill the disposable income test of 11 U.S.C.S. § 1325(b), based on the debtors' scheduling on Official Bankr. Form B22C, of ownership expense deductions for two motor vehicles which did not secure any claim, and which were owned free and clear of any liens by the debtors.
Ruling: 
Debtors could not deduct expenses for motor vehicles owned free and clear.
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Consumer case opionion summary, case decided on October 12,2007, LexisNexis #0308-125

In re Jones

One of the debtors asked the court to waive the requirement of pre-petition credit counseling under 11 U.S.C.S. § 109(h)(1). her husband and joint debtor did not file a certificate demonstrating completion of credit counseling or a certification, of any kind, attempting to set forth facts that might havejustified a waiver of that requirement.
Ruling: 
Waiver of credit counseling requirement denied where debtors failed to file information regarding exigent circumstances.
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Consumer case opionion summary, case decided on October 01,2007, LexisNexis #0308-075

Young v. Schumaker (In re Schumaker)

Plaintiff judgment creditors filed an action against defendant debtor seeking to have the obligations owed to them by the debtor declared non-dischargeable as a debt for a willful and malicious injury or as the result of the operation of a vehicle while intoxicated under 11 U.S.C. § 523(a)(6), or (9). The debtor filed a motion to dismiss.
Ruling: 
Claim resulting from debtor's intoxicated operation of horse and buggy was dischargeable as buggy was not a motor vehicle, vessel or aircraft.
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Consumer case opionion summary, case decided on July 27,2007, LexisNexis #1207-117

In re Pratt

The chapter 13 trustee and the creditor had both filed objections to confirmation of the debtors'proposed plan. The trustee and the creditor then filed an agreed entry which was designed to resolve the creditor's objection to confirmation. The creditor filed a motion to approve the parties'agreed entry modifying the proposed plan.
Ruling: 
Motion for approval of agreed upon preconfirmation modification of chapter 13 plan lacked requisite particularity.
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Consumer case opionion summary, case decided on June 22,2007, LexisNexis #1007-062

In re Roth

The matter was before the court to consider confirmation of debtors'proposed chapter 13 plan together with the objection thereto filed on behalf of a creditor.
Ruling: 
Debtor could surrender vehicle in full satisfaction of secured debt under hanging paragraph.
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In re Fink

The matter was before the court in connection with the chapter 7 trustee's objection to a proof of claim filed by a claimant, debtor's ex-wife.
Ruling: 
Adversary proceeding and motion for relief from stay did not constitute informal proof of claim.
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In re OORC Leasing LLC

A creditor filed a motion to reopen the debtor's closed chapter 11 case, pursuant to 11 U.S.C. § 350(b), so that it could seek conversion to chapter 7.
Ruling: 
Bankruptcy court refused to reopen chapter 11 case to allow creditor to seek conversion to chapter 7.
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In re Hargrove

The debtors filed a motion to reinstate their bankruptcy case after its dismissal.
Ruling: 
Case dismissed without prejudice where debtor's counsel failed to electronically file required signature pages due to scanner malfunction.
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In re Dienberg

A secured creditor filed a motion pursuant to 11 U.S.C. § 362(h) and (j), asking the court to issue an order confirming that the automatic stay in a chapter 7 debtor's bankruptcy case had terminated. The court, on its own initiative, held a hearing on the issue of whether section 362(j) applied when the alleged basis for termination of the stay was found in section 362(h) rather than in section 362(c), the subsection specifically referenced in section 362(j).
Ruling: 
Court was not authorized to issue a "comfort order" where stay had terminated pursuant to section 362(h) rather than section 362(c).
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