Judge Kilburg

In re Costello

This matter came before the court for final hearing on confirmation of debtors' chapter 13 plan and the motion for relief from automatic stay filed by a creditor.
Ruling: 
Relief from stay granted due to debtor's delays and inability to propose feasible plan.
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Consumer case opionion summary, case decided on July 12,2011, LexisNexis #0811-008

Lincoln Sav. Bank v. Freese (In re Freese)

Plaintiff creditor bank sought to deny defendant chapter 7 debtor a discharge pursuant to 11 U.S.C.S. § 727, asserting that debtor failed to disclose all income and assets in his sworn statements, failed to keep records of his financial information and business transactions, and failed to satisfactorily explain the loss of several assets.
Ruling: 
Discharge denied due to false statements and nondisclosures.
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Consumer case opionion summary, case decided on June 30,2011, LexisNexis #0711-129

Van Daele Bros. Inc. v. Thoms (In re Thoms)

Plaintiff creditor sought to except debt from discharge under 11 U.S.C.S. § 523(a)(6) for willful and malicious injury. Its claim arose out of a sale and lease-back by defendant debtor of 24 cows and 5 yearling heifers in March 1, 2008. The matter was pending judgment following trial.
Ruling: 
Debt relating to sale and lease-back of cows was dischargeable absent evidence of willful or malicious injury.
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Consumer case opionion summary, case decided on June 08,2011, LexisNexis #0711-123

In re King

The debtor sought to avoid a lien on her car under 11 U.S.C.S. § 522(f)(1)(B). The creditor objected.
Ruling: 
Debtor could not avoid lien on car used for commuting.
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Consumer case opionion summary, case decided on May 05,2011, LexisNexis #0611-012

Russell v. Russell (In re Russell)

Creditor's complaint against defendant debtor sought to except debt from discharge under 11 U.S.C.S. § 523(a)(15). The creditor sought summary judgment on his claim that the debt arising from the parties' divorce is excepted from discharge under § 523(a)(15). The creditor also requested sanctions under Fed. R. Civ. P. 56(h).
Ruling: 
Obligations to former spouse from default divorce judgment were excepted from discharge.
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Consumer case opionion summary, case decided on April 08,2011, LexisNexis #0511-017

In re Miell

A chapter 7 debtor, who was incarcerated, filed a motion to remove the chapter 7 trustee pursuant to 11 U.S.C.S. § 324(a) and a request for stay. The United States Trustee (UST) moved to dismiss the debtor's motion for lack of prosecution pursuant to pursuant to Fed. R. Civ. P. 41(b) (applicable through Fed. R. Bankr. P. 9014(c)). Several creditors, as well as the chapter 7 trustee, joined in the UST's objections to the debtor's motion.
Ruling: 
Failure to conduct discovery was not grounds for dismissal of incarcerated debtor's motion to remove chapter 7 trustee.
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Consumer case opionion summary, case decided on January 11,2011, LexisNexis #0211-072

In re Nichols

In a chapter 7 bankruptcy, a creditor moved to reopen the case and set aside the discharge in order to file a reaffirmation agreement. The debtors filed a response consenting to the motion. The reaffirmation agreement was signed after the discharge was entered. The motion to reopen was filed more than a month after the deadline to file reaffirmation agreements and almost a month after the discharge was entered.
Ruling: 
Creditor could not seek to vacate discharge in order to file a post-discharge reaffirmation agreement.
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Consumer case opionion summary, case decided on November 29,2010, LexisNexis #1210-085

United States Trustee v. Miell (In re Miell)

Plaintiff United States Trustee (UST) filed an adversary proceeding against defendant Chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2) and (a)(4) to have his debts discharged because he failed to disclose items of personal property he owned when he filed his schedules and when he was questioned at the meeting of creditors. The case was tried to the court.
Ruling: 
Discharge denied due to failure to disclose property in schedules or at creditors' meeting.
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Consumer case opionion summary, case decided on November 10,2010, LexisNexis #1210-056

In re Cockhren

A bank sought dismissal of a chapter 13 debtor's case pursuant to 11 U.S.C.S. § 1307(c)(1) and (6) on the grounds of unreasonable delay and material default by the debtor of the terms of her confirmed plan.
Ruling: 
Case dismissed due to unnecessary delay and default under terms of chapter 13 plan.
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Consumer case opionion summary, case decided on October 07,2010, LexisNexis #1110-031

In re Guyer

Plaintiff judgment creditor brought an adversary proceeding against defendant debtor, asserting that its debt was excepted from discharge for fraud under 11 U.S.C.S. § 523(a)(2)(A). This matter was pending decision following submission to the court without trial.
Ruling: 
State court default judgment did not have preclusive effect in proceeding for nondischargeability on grounds of fraud.
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Consumer case opionion summary, case decided on May 25,2010, LexisNexis #0810-118

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