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Northern District

Schnittjer v. Linn Area Credit Union (In re Sickels)

Plaintiff chapter 7 trustee filed an adversary proceeding pursuant to 11 U.S.C.S. § 544 against defendant creditor seeking to avoid the creditor's mortgage. The trustee asserted that the mortgage was not recorded prior to the petition date. The parties filed cross-motions for partial summary judgment.
Ruling: 
Trustee not entitled to money judgment once mortgage recorded in violation of stay had been avoided.
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Consumer case opionion summary, case decided on July 11,2008, LexisNexis #0808-119

In re Stetler

A debtor sought an order compelling a capter 7 trustee to abandon a nonexempt partial interest in homestead real estate under 11 U.S.C.S. § 554(b). The trustee objected, asserting that the bankruptcy estate's interest in the nonexempt portion of the debtor's real estate had significant value.
Ruling: 
Trustee ordered to abandon estate's interest in nonexempt real estate if not sold within set period.
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Consumer case opionion summary, case decided on July 11,2008, LexisNexis #0808-080

In re Wistey

Debtors, a married couple whose chapter 13 plan had been confirmed, requested authority to use a rebate paid to them under the Economic Stimulus Act of 2008, Pub. L. No. 110-185, 122 Stat. 613 for three expenses which they claimed were necessary but not covered by estimated expenditures under the confirmed plan. The trustee did not object. The court treated the matter as one to modify the plan post-confirmation per 11 U.S.C.S. § 1329.
Ruling: 
Postconfirmation modification allowed for payment of necessary, but not forseeable, expenses with ecconomic stimulus rebate.
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Consumer case opionion summary, case decided on June 25,2008, LexisNexis #0808-124

In re Matsen

Debtors moved for an order permitting them to retain and to spend proceeds of a tax rebate to be received by reason of the Economic Stimulus Act of 2008, Pub. L. No. 110- 185, 122 Stat. 613 to fund replacement of a home air conditioner and the purchase of a new lawnmower. The trustee objected to both proposed expenditures. At issue was whether debtors' plan was properly modified per 11 U.S.C.S. § 1329 to so provide.
Ruling: 
Plan modification allowed for use of economic stimulus rebate for replacement of air conditioner but not for purchase of lawn mower.
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Consumer case opionion summary, case decided on June 10,2008, LexisNexis #0808-125

Ovel v. Community Sav. Bank

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid a mortgage granted by the debtor's mother. The trustee previously avoided the transfer from the debtor to his mother. The trustee asserted that the creditor was an immediate or mediate transferee from the debtor's mother and the mortgage should likewise be avoided. The trustee moved for partial summary judgment.
Ruling: 
Mortgage granted by debtor's mother was avoidable where deed from debtor to mother had been avoided.
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Consumer case opionion summary, case decided on June 10,2008, LexisNexis #0808-118

In re Eilderts

The debtors applied for permission to retain their economic stimulus rebate payment from the Internal Revenue Service (IRS) in order to buy a replacement vehicle. The trustee objected.
Ruling: 
Case dismissed due to debtors' failure to turn over economic stimulus rebates to the estate in accordance with confirmation order.
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Consumer case opionion summary, case decided on June 05,2008, LexisNexis #0708-036

In re Miller

A debtor filed for relief under chapter 13 of the Bankruptcy Code and a plan was confirmed. The debtor filed an amended plan seeking to suspend payments for eight months from June 2008 through January 2009. A chapter 13 trustee objected to confirmation of the amended plan because the debtor was one month delinquent with payments under her confirmed plan.
Ruling: 
Amended plan calling for eight month suspension of payments denied absent evidence of debtor's ability to pay.
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Consumer case opionion summary, case decided on June 05,2008, LexisNexis #0708-069

In re Budig

The debtors filed for relief under chapter 7 of the Bankruptcy Code. The United States trustee filed a motion to dismiss the case because of the presumption of abuse under 11 U.S.C.S. § 707(b)(1), (2), and (3).
Ruling: 
Case dismissed for abuse where surrender of home increased debtors' already signifcant disposable income.
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Consumer case opionion summary, case decided on May 01,2008, LexisNexis #0608-083

Wayne Indus. Holdings v. Goro (In re Wayne Engg Corp.)

Plaintiff buyer filed an action against defendants, several businesses and various members of the same family, alleging conversion and intentional interference with its interest in assets it purchased from a chapter 7 corporate debtor. Defendants filed a motion to dismiss the action, claiming that the court lacked jurisdiction to hear the buyer's claims.
Ruling: 
Action by buyer of debtor's assets for conversion and interference was a core proceeding related to debtor's bankruptcy.
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Commercial case opionion summary, case decided on April 17,2008, LexisNexis #0508-035

Wayne Indus. Holdings v. Goro (In re Wayne Engg Corp.)

Plaintiff buyer filed an action against defendants, several businesses and various members of the same family, alleging conversion and intentional interference with its interest in assets it purchased from a chapter 7 corporate debtor. Defendants filed a motion to dismiss the action, claiming that the court lacked jurisdiction to hear the buyer's claims.
Ruling: 
Bankruptcy court had jurisdiction over action by buyer of debtor's asets against debtor's owners and their LLC for conversion of estate assets.
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Commercial case opionion summary, case decided on April 17,2008, LexisNexis #0508-140

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