Judge Klingenberger

Galmore v. Dykstra

Plaintiff chapter 7 debtor filed an adversary proceeding against defendant judgment creditor for violation of the automatic stay of 11 U.S.C.S. § 362, seeking damages, costs of the action, and an order specifically enjoining the creditor from any further action in violation of § 362.
Ruling: 
Creditor's failure to recall bench warrant which led to debtor's arrest at section 341 meeting violated stay.
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Consumer case opionion summary, case decided on July 25,2008, LexisNexis #0908-073

In re Orzel

The creditor, the attorney who had represented the debtor spouse in their recent divorce proceeding, filed a claim in the amount of $ 1,734.99, and the proof of claim stated that it was entitled to priority as a claim for alimony, maintenance or support owed to a spouse, former spouse, or child pursuant to 11 U.S.C.S. § 507(a)(7) as written prior to October 17, 2005. The debtors objected to the priority status of the claim.
Ruling: 
Divorce related debt owed directly to debtor spouse's attorney was not entitled to priority.
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Consumer case opionion summary, case decided on January 04,2008, LexisNexis #0308-129

Yoon v. Krick (In re Krick)

In this adversary proceeding, plaintiff chapter 7 trustee sought a determination pursuant to 11 U.S.C. § 363(h) that she could sell defendant debtor's interest in real property in order to obtain proceeds of that sale for the benefit of the chapter 7 estate. Debtor and her defendant parents opposed the trustee's requested relief. The matter was pending judgment.
Ruling: 
Confirmation of chapter 13 plan revested debtor's interest in real estate with debtor so that postconversion chapter 7 estate had no salable interest in the property.
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Consumer case opionion summary, case decided on September 12,2007, LexisNexis #1007-104

In re Marvel

The decision concerned a contested matter arising from the motion for turnover order filed by the trustee of debtor's chapter 7 bankruptcy estate, and debtor's objection thereto.
Ruling: 
Debtors interest in tax refunds held by IRS and state on petition date was property of the estate.
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Radcliffe v. International Painters & Allied Trades Ind. Pension Fund (In re Radcliffe)

Plaintiff debtor sought a determination against defendant pension fund that actions undertaken by the fund as to pension benefits payable to debtor under a qualified plan constituted a violation of the automatic stay of 11 U.S.C. § 362(a). Pending was a motion of the fund, deemed by the court to request review of matters addressed in the court's March 17, 2007 order prior to entry of final judgment. The fund sought relief from stay.
Ruling: 
Pension fund's failure to pay debtor regular monthly benefits constituted a willful violation of stay.
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In re Minter-Higgins

A bankruptcy trustee sought turnover from the bankruptcy debtor under 11 U.S.C. § 542(a) of the amount of checks and debit transfers which the debtor issued prior to filing her bankruptcy petition, but which were not paid by the debtor's bank until after the petition was filed. The trustee moved to alter or amend the oral judgment of the bankruptcy court which denied the trustee's motion for turnover.
Ruling: 
Debtor not required to turn over amount of check and debit transfers issues prepetition but paid postpetition.
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