Judge Mixon

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

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

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

Cox v. American Pan Co. (In re Meyers Bakeries Inc.)

Plaintiff trustee filed an adversary proceeding against defendant creditor to recover two pre-petition transfers as preferential transfers under 11 U.S.C.S. § 547. The creditor raised the affirmative defense of a transfer made in the ordinary course of business pursuant to 11 U.S.C.S. § 547(c)(2)(A).
Ruling: 
Late payments were part of established practice between debtor and creditor and were not avoidable as made in ordinary course of business.
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Commercial case opionion summary, case decided on May 08,2008, LexisNexis #0608-100

In re Colclasure

The debtors filed for relief under chapter 13 of the United States Bankruptcy Code, and submitted a proposed plan of reorganization. A chapter 13 trustee objected to confirmation. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Debtors required to calculate monthly disposable income from Form 22C regardless of change in financial circumstances.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0408-022

In re Robinson

Movants filed two motions, seeking sanctions pursuant to Fed. R. Bankr. P. 9011 against the attorneys for chapter 7 debtors.
Ruling: 
Debtors'attorneys sanctioned for seeking relief from stay to pursue action clearly barred by res judicata and within bankruptcy court jurisdiction.
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In re Wilson

A chapter 13 trustee filed a timely objection to confirmation of the plan proposed by debtors, a married couple who had filed a chapter 13 proceeding and who were "above- median" debtors for purposes of 11 U.S.C. § 707(b)(2)(A)(ii)(I). At issue was whether debtors were entitled to deduct certain standard vehicle ownership expenses on Official Bankr. Form B22C despite the fact that debtors owned both vehicles free and clear.
Ruling: 
Above-median debtors could dedcut ownership expsenses on Form B22C for vehicles owned free and clear.
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Robins v. Educational Credit Mgmt. Corp. (In re Robbins)

Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of his student loans with regard to 11 U.S.C. § 523(a)(8).
Ruling: 
Debtor living below property level and suffering from severe mental condition granted undue hardship discharge of student loan debt.
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In re Belcher

Movant creditor objected to confirmation of a modified plan filed by chapter 13 debtors, who had originally agreed to pay the value of the claim in full and to retain the vehicle that secured it. At issue was whether 11 U.S.C. § 1329 or the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") authorized or prohibited a modification allowing debtors to surrender the car in full satisfaction of the claim following a casualty thereto.
Ruling: 
Debtors could not turn over insurance proceeds from wrecked vehicle that had been subject to the hanging paragraph in full satisfaction of secured claim.
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Wildlife Farms II LLC v. Robinson (In re Robinson)

Plaintiff creditors filed a complaint against defendant debtors. At the trial, plaintiffs dismissed all complaints arising under 11 U.S.C. § 523 and proceeded under the provisions of 11 U.S.C. § 727(a)(2), (3), (4) and (5). The matter was pending decision following trial.
Ruling: 
Discharge denied due to involuntary debtors'numerous omissions and misstatements of fact.
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