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Northern District

Crossroads Bank v. Simmons (In re Simmons)

Ruling: 
Creditor could amend complaint in adversary proceeding for denial of discharge post-statute of limitations to the extent relating back to original claim..
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Consumer case opionion summary, case decided on July 18,2013, LexisNexis #0913-093

Holcomb v. SLM Corp. (In re Holcomb)

Ruling: 
Student loan debt discharged upon advisement by Department of Education that debtor had met three-part test for demonstrating undue hardship.
ABI Membership is required to access the full summary of Holcomb v. SLM Corp. (In re Holcomb). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 18,2013, LexisNexis #0913-119

Estate of Jones v. Moore (In re Moore)

Ruling: 
Debtor's taking of funds from brokerage account of mother, who had Alzheimer's, was fiduciary defalcation resulting in nondischargeable debt.
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Consumer case opionion summary, case decided on June 17,2013, LexisNexis #0913-116

In re Wezbra Dairy LLC

Sellers of silage to a bankruptcy debtor for use in the debtor's dairy operation sought to recover the cost of silage received by the debtor during the 20 days prior to the debtor's bankruptcy petition pursuant to 11 U.S.C.S. § 503(b)(9) as the cost of goods received by the debtor in the ordinary course of business. The sellers moved for payment of the administrative expenses and a creditor objected.
Ruling: 
Creditor denied administrative expense for cost of silage received by debtor within 20 days of petition date.
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Commercial case opionion summary, case decided on June 03,2013, LexisNexis #0713-115

Thomas v. Metal Partners LLC (In re Thomas)

Ruling: 
Unscheduled prepetition contingent claim was not discharged.
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Consumer case opionion summary, case decided on April 30,2013, LexisNexis #1013-058

In re Juarbe

Before the court was debtor's motion to postpone case closure until determination of secured status of creditor. A hearing was held with respect to the Motion.
Ruling: 
Debtor could not modify plan to strip off or cram down second and third mortgages.
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Consumer case opionion summary, case decided on April 29,2013, LexisNexis #0613-029

In re Shepherd

The personal representative of debtor's estate filed a motion asking to be substituted for debtor in this proceeding and, assuming that was accomplished, use that new status to seek modification of the confirmed plan. The matter was before the court to consider those issues, following a hearing and the submission of briefs. There were no objections to either motion from any creditor or other party in interest.
Ruling: 
Personal representative of decedent debtor's estate could not be substituted for debtor to continue case.
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Consumer case opionion summary, case decided on March 28,2013, LexisNexis #0513-098

In re Brett

A servicer of a mortgage on bankruptcy debtors' residence filed a proof of claim which included a secured claim and a claim to cure the debtors' pre-petition arrearage. The bankruptcy trustee objected to the proof of claim to the extent that the arrearage amount was allegedly overstated.
Ruling: 
Mortgage servicer's claim for escrow deficiency limited to amount actually paid on behalf of debtor.
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Consumer case opionion summary, case decided on March 27,2013, LexisNexis #0513-114

Sterling v. Southlake Nautilus Health & Raquet Club Inc. (In re Sterling)

Chapter 7 debtor filed an adversary proceeding against defendants, a health and racquet club, a law firm, and an attorney, claiming that defendants violated the injunction that was imposed pursuant to 11 U.S.C.S. § 524(a)(2) by continuing collection activities against her with respect to a pre-petition debt that was discharged in bankruptcy. The law firm and the attorney filed a motion to dismiss.
Ruling: 
Use of adversary proceeding for finding of violation of discharge injunction was improper.
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Consumer case opionion summary, case decided on January 31,2013, LexisNexis #0313-093

In re Baca

A chapter 13 trustee filed a notice of final cure payment under Fed. R. Bankr. P. 3002.1(f). The creditor responded, indicating that postpetition amounts remained due. The parties stipulated that the creditor's proof of claim was secured by the debtors' principal residence. The debtors orally moved that the creditor be estopped from later claiming any postpetition arrearages under the mortgage in excess of the amount specified in its response.
Ruling: 
Creditor estopped from claiming prepetition amounts beyond those in its response to chapter 13 trustee's notice of final cure payment.
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Consumer case opionion summary, case decided on December 20,2012, LexisNexis #0113-063

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