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Judge Metz

In re Inglis

This matter came before the court upon the objection filed by a creditor that held a first mortgage in debtors' residence to confirmation of debtors' chapter 13 plan. The court took ruling on the matter under advisement at the conclusion of a hearing.
Ruling: 
Creditor did not lose antimodification protection on security interest in real property by also taking security interest in escrow funds.
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Consumer case opionion summary, case decided on October 22,2012, LexisNexis #1112-064

Tucker v. Bricket (In re Bricket)

Bankruptcy trustee brought an adversary proceeding against sibling of a bankruptcy debtor under state law seeking to avoid a transfer of property of the debtor to the sibling for no consideration. The sibling moved to dismiss the complaint based on the statute of limitations of 11 U.S.C.S. § 546.
Ruling: 
Avoidance proceeding dismissed as not filed within Bankruptcy Code limitations period despite longer period under state law.
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Consumer case opionion summary, case decided on October 18,2012, LexisNexis #1112-092

Krudy v. Hoetmer (In re Hoetmer)

Plaintiff trustee alleged that a 401(k) loan repayment was a fraudulent transfer and sought to avoid and recover it from defendant debtor for the estate under 11 U.S.C.S. §§ 548(a)(1)(A), 550. The matter was pending judgment following a trial.
Ruling: 
Prepetition 401(k) loan repayment "reborrowed" just after petition date and converted to non- exempt property was fraudulent and avoidable.
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Consumer case opionion summary, case decided on September 26,2012, LexisNexis #1212-092

In re Evans

Claimant, the decedent's estate for the former spouse of debtor filed a secured claim against debtor's estate for the funds debtor was obligated to pay the decedent under their separation award. The debtor filed an objection to claim, asserting any such claim was unsecured under the facts of the case.
Ruling: 
Claim by estate of debtor's fomer spouse based on domestic relations order that was never entered was unsecured.
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Consumer case opionion summary, case decided on July 10,2012, LexisNexis #0812-035

In re Evans

The estate of a debtor's former spouse filed an objection to the confirmation of the debtor's chapter 13 plan.
Ruling: 
Plan that evidenced a sincere effort at repayment confirmed over objection of former spouse's estate.
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Consumer case opionion summary, case decided on July 10,2012, LexisNexis #0812-031

Wilson v. Wasson Nursery Inc. (In re Wilson)

Debtor filed its Motion for Summary Judgment with respect to the first claim of his three claims, the alleged willful violation of the discharge injunction. Defendant was a creditor.
Ruling: 
Unlisted creditor's attempt to collect debt discharged in no asset case violated discharge injunction.
ABI Membership is required to access the full summary of Wilson v. Wasson Nursery Inc. (In re Wilson). 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 December 28,2011, LexisNexis #0212-021

National Bank v. White (In re White)

Bank filed a nondischargeability complaint against debtor under 11 U.S.C.S. § 523(a)(2)(A) for damages arising out of a check delivered by the debtor which was returned for insufficient funds. The debtor asserted various affirmative defenses and counterclaims. The parties filed motions for summary judgment.
Ruling: 
Judgment for fraudulent presentment of check was nondischargeable.
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Consumer case opionion summary, case decided on November 09,2011, LexisNexis #1211-120

National Bank v. White (In re White)

Bank filed a nondischargeability complaint against debtor under 11 U.S.C.S. § 523(a)(2)(A) for damages arising out of a check delivered by the debtor which was returned for insufficient funds. The debtor asserted various affirmative defenses and counterclaims. The parties filed motions for summary judgment.
Ruling: 
Judgment for fraudulent presentment of check was nondischargeable.
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Consumer case opionion summary, case decided on November 09,2011, LexisNexis #1211-083

In re Ellis

After a Chapter 7 debtor sought exemption of his membership interest in a limited liability company (LLC), a creditor objected, arguing that the debtor failed to list the value of that interest. The debtor amended his schedules to reflect the value of his interest in the LLC as zero.
Ruling: 
Non-economic interests in LLC were property of the estate notwithstanding state law.
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Consumer case opionion summary, case decided on October 27,2011, LexisNexis #1111-123

MutualBank v. Doughty (In re Doughty)

Creditor filed an adversary action against defendant debtor to determine dischargeability of a debt under 11 U.S.C.S. § 523(a)(4) and (6).
Ruling: 
Sale of collateral without notice and subsequent concealment and misrepresentations resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on September 19,2011, LexisNexis #1011-114

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