Eastern District

In re Nunez

In a chapter 13 case, the trustee opposed confirmation of the debtor's proposed plan.
Ruling: 
Confirmation denied due to proposal to use income tax refunds to shorten plan period instead of paying unsecured creditors.
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Consumer case opionion summary, case decided on March 01,2010, LexisNexis #0510-131

In re Lucio

Debtors filed a petition under chapter 13 and a plan for repaying their creditors. A trustee who was appointed to administer the debtors' bankruptcy estate filed an objection to the debtors' plan, claiming that it did not meet the best interest of creditors test required by 11 U.S.C.S. § 1325(a)(4).
Ruling: 
Confirmation denied where plan did not meet the best interests of creditors test.
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Consumer case opionion summary, case decided on February 08,2010, LexisNexis #0410-063

GD Deal Holdings LLC v. Sharma (In re Sharma)

Creditor filed a complaint objecting to the discharge and dischargeability of a debt owed by debtors. Among other things, the complaint charged that debts were non-dischargeable under 11 U.S.C.S. § 727(a)(3) and (a)(4) due to insufficient disclosure of records and false oaths by the debtors, as well as under 11 U.S.C.S. § 523(a)(2) due to alleged false representations regarding the debtors' financial condition.
Ruling: 
Objection to discharge dismissed as debtors made sufficient disclosures which were not fraudulent.
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Consumer case opionion summary, case decided on February 03,2010, LexisNexis #0410-095

Jendusa-Nicolai v. Larsen (In re Larsen)

Plaintiff creditors brought an adversary proceeding objecting to the dischargeability of certain obligations incurred by defendant chapter 7 debtor. After the debtor filed his answer, the creditors moved for summary judgment, asserting that they were entitled to a nondischargeability judgment pursuant to 11 U.S.C.S. § 523(a)(6) and (a)(5).
Ruling: 
State court damage award for debtor's kidnapping and assaulting former spouse was nondischargeable based on finding of willful and malicious conduct.
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Consumer case opionion summary, case decided on January 29,2010, LexisNexis #0310-044

Ortiz v. Aurora Health Care Inc. (In re Ortiz)

Plaintiff debtors alleged that defendant creditor attached invoices containing confidential medical records to its proofs of claim, asserting that the creditor exceeded the extent needed for billing, collection, and payment of the claims under Wis. Stat. § 146.82. The debtors moved for abstention, arguing that, since the only remaining claim was grounded in unsettled state law, the issue should be determined in a state court.
Ruling: 
Court refused to abstain from dispute over alleged confidential medical records attached to proof of claim.
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Consumer case opionion summary, case decided on January 05,2010, LexisNexis #0210-101

In re Fink

The chapter 7 trustee filed an objection to the debtor's claim of $ 20,200 as a homestead exemption, where the debtor had quitclaimed his interest in the family residence to his former wife eight years prior, although he retained a mortgage lien on the property under their property settlement. The debtor opposed the objection, asserting his claim of exemption was valid under 11 U.S.C.S. § 522(d)(1).
Ruling: 
Debtor who no longer owned or resided in property did not qualify for homestead exemption under either Bankruptcy Code or state law.
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Consumer case opionion summary, case decided on October 27,2009, LexisNexis #1209-046

In re Netwurx Inc.

Creditor filed an objection to the timeliness of the debtor's chapter 11 reorganization plan and argued that the plan could not be confirmed because the debtor failed to obtain an extension of the strict deadlines imposed on small business cases under 11 U.S.C.S. §§ 1129(e) and 1121(e)(3).
Ruling: 
Objection to plan based on alleged failures to meet small business deadlines overruled where confirmable plan was always likely and final plan proposed immediate payment of unsecured creditors in full.
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Commercial case opionion summary, case decided on September 25,2009, LexisNexis #1109-062

In re Morey

Debtor vehicle purchasers filed for chapter 13 bankruptcy. Creditor, the lender on the vehicle loan, filed a proof of claim that did not separate the amount attributable to the purchase price of the vehicle from the negative equity from the debtors' trade-in vehicle's loan. The lender objected to confirmation of the debtors' plan that did separate out the negative equity as unsecured.
Ruling: 
Debt secured by "910 vehicle" could not be bifurcated.
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Consumer case opionion summary, case decided on September 09,2009, LexisNexis #1009-096

Christenson v. Lee (In re Lee)

Plaintiff gun buyer filed this adversary proceeding claiming that defendant debtor's debt to the gun buyer arose from fraud and therefore was non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A). He also contended that the debtor withheld information on his schedules and that the entire discharge should be denied.
Ruling: 
Claim of gun buyer was nondischargeable due to debtor seller's misrepresentations.
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Consumer case opionion summary, case decided on September 02,2009, LexisNexis #1009-081

In re Larsen

Debtor was in the custody of the Wisconsin prison system and the instant proceeding was his second pro se bankruptcy case. Debtor filed a motion for the appointment of counsel pursuant to 18 U.S.C.S. § 3006A and 28 U.S.C.S. § 1915(e)(1).
Ruling: 
Incarcerated debtor was not entitled to appointment of counsel to pursue alleged claims against receiver who held debtor's funds as these claims were property of the estate and would be pursued by trustee.
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Consumer case opionion summary, case decided on June 24,2009, LexisNexis #0809-014

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