Eastern District

First Sec. Bank v. Hudson (In re Hudson)

Creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtor's fraud in obtaining a loan from the creditor to allow her son to purchase a vehicle.
Ruling: 
Auto loan taken out by debtor on behalf of son who later sold the vehicle was dischargeableabsent evidence of debtor's own fraud.
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Consumer case opionion summary, case decided on May 14,2010, LexisNexis #0710-088

In re Andrews

Creditors filed an adversary proceeding against chapter 7 debtors, seeking an order denying the debtors' discharge under 11 U.S.C.S. § 727(a)(2)(A) and (a)(4)(A). The court issued an order denying the debtors' discharge but subsequently decided that it made finding of fact that were not supported by the evidence, and it tried the case de novo.
Ruling: 
Discharge denied due to debtors' knowingly and fruadulently made false oaths.
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Consumer case opionion summary, case decided on May 06,2010, LexisNexis #0710-093

In re Delta Transitional Home

A creditor, which elected to have its undersecured claim treated as fully secured pursuant to 11 U.S.C.S. § 1111(b), objected to confirmation of the chapter 11 debtor's plan.
Ruling: 
Debtor ordered to modify plan to reflect proper amount of undersecured claim being treated as fully secured.
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Commercial case opionion summary, case decided on January 26,2009, LexisNexis #0309-087

In re Booth

A bankruptcy debtor's chapter 13 plan included provisions which precluded the debtor's mortgage creditor from charging postpetition fees, and required the creditor to apply plan payments by deeming any pre-petition arrearages to be contractually current and notify the debtor and others concerning changes in payment amount. The creditor challenged these plan provisions and objected to confirmation of the plan.
Ruling: 
Plan could not preclude mortgage creditor's postpetition fees but could require application of payments as though loan was current.
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Consumer case opionion summary, case decided on January 14,2009, LexisNexis #0209-089

Smith v. Cooper (In re Cooper)

Plaintiff creditors filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a judgment that debts the debtors owed were nondischargeable under 11 U.S.C.S. § 523(a), and that the debtors should be denied a discharge under 11 U.S.C.S. § 727(a)(2), (a)(3), (a)(4), and (a)(5). A trustee was appointed to represent the bankruptcy estate, and he supported the creditors' objections to discharge under § 727.
Ruling: 
Motion to deny discharge granted against debtor but not against debtor spouse who was not involved in improper stock transaction.
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Consumer case opionion summary, case decided on January 13,2009, LexisNexis #0309-127

In re Frankum

Plaintiff debtors moved for a refund, seeking repayment from the bankruptcy estate of a portion of the federal income taxes that the I.R.S. had levied against their social security benefits following the entry of their chapter 7 discharge. The chapter 7 trustee and the creditors opposed the motion.
Ruling: 
Motion for refund of federal income tax levied postdischarge against social security benefits denied.
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Consumer case opionion summary, case decided on January 05,2009, LexisNexis #0409-025

In re West

A chapter 13 debtor filed a pro se motion to disgorge fees, requesting that all of her attorney's fees be disgorged pursuant to 11 U.S.C.S. § 105 and § 329, and Fed. R. Bankr. P. 2017.
Ruling: 
Debtor's attorneys'fees ordered disgorged due to inadequate representation.
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Consumer case opionion summary, case decided on November 10,2008, LexisNexis #0109-101

Iberg v. Prewett (In re Iberg)

Plaintiff property owner filed a complaint against defendant chapter 7 debtors, seeking monetary damages for breach of contract, denial of discharge based on 11 U.S.C.S. § 727(a)(5), and a determination of dischargeability pursuant to 11 U.S.C.S. § 523(a)(6).
Ruling: 
Debtors' failure to schedule a truck was not gounds for denial of discharge.
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #0109-022

In re Ealy

After a bankruptcy debtor's chapter 13 plan was confirmed, the Internal Revenue Service (IRS) claimed a right of setoff of the debtor's postpetition tax overpayment and economic stimulus payment against the debtor's tax liability. The IRS moved to modify the automatic bankruptcy stay to permit the setoff.
Ruling: 
IRS not entitled to relief from stay to setoff debtor's postpetition overpayment and economic stimulus rebate against tax liability.
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Consumer case opionion summary, case decided on August 11,2008, LexisNexis #0808-132

Hamilton v. Hamilton (In re Hamilton)

Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding against the debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4) based on false oaths, and seeking nondischargeability of debts to the spouse under 11 U.S.C.S. § 523(a)(6), (15) based on willful and malicious injury and failure to deliver personal property awarded to the spouse in the parties' divorce decree.
Ruling: 
Discharge denied due to debtor's willful and malicious failure to feed and care for horses as required by divorce decree.
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Consumer case opionion summary, case decided on June 16,2008, LexisNexis #0708-136

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