Minnesota

In re Meyer

The chapter 7 trustee objected to the debtor's claimed exemption in an annuity under 11 U.S.C.S. § 522(d)(11)(E). Both parties moved for summary judgment on the issue.
Ruling: 
Debtor entitled to exemption in annuity resulting from auto accident settlement.
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Consumer case opionion summary, case decided on August 25,2010, LexisNexis #0910-076

In re Chapman

Though debtors, a married couple, filed a voluntary petition under chapter 13 and won plan confirmation, they sought postpetition to convert the case to one under chapter 7. The U.S. Trustee (UST) moved to dismiss for abuse per 11 U.S.C.S. § 707(b). Debtors opposed dismissal. At issue was whether § 707(b)(1) even applied to a case that had been commenced via a petition under chapter 13 was converted to one under chapter 7 postconfirmation.
Ruling: 
Dismissal of chapter 7 case for abuse denied as case had originally been commenced under chapter 13.
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Consumer case opionion summary, case decided on June 10,2010, LexisNexis #0810-096

In re Robrock

The United States Trustee asserted that a bankruptcy debtor claimed improper reductions in calculating his current monthly income, and that a proper calculation of current monthly income raised a presumption of abuse of chapter 7 bankruptcy under 11 U.S.C.S. § 707(b)(1). The Trustee moved to dismiss the debtor's chapter 7 bankruptcy case.
Ruling: 
Case dismissed for abuse after recalculation of current monthly income.
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Consumer case opionion summary, case decided on May 21,2010, LexisNexis #0810-026

In re Rieck

Calculation of bankruptcy debtors' income and expenses indicated sufficient disposable income to raise the presumption of abuse of chapter 7 bankruptcy by the debtors under 11 U.S.C.S. § 707(b)(2). The U.S. Trustee moved to dismiss the debtors' bankruptcy case, but the debtors asserted that special circumstances existed to rebut the presumption of abuse.
Ruling: 
Hypothetical chapter 13 administrative expense and expenses of four vehicles did not create special circumstances that would rebut presumption of abuse.
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Consumer case opionion summary, case decided on April 16,2010, LexisNexis #0610-128

In re Bailey

Debtors obtained confirmation of a 60-month plan. The debtors subsequently obtained confirmation of a modified plan reducing the payment period to 36 months. Under 11 U.S.C.S. § 1329, the chapter 13 trustee moved to modify the debtors' chapter 13 plan, seeking to modify the debtors' plan to restore the 60-month pay period.
Ruling: 
Confirmation of trustee's proposed modification of debtors' modified plan that was approved without objection denied.
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Consumer case opionion summary, case decided on March 30,2010, LexisNexis #0610-062

In re Savage

After the chapter 13 trustee moved to dismiss the debtors' case for default in plan payments, the debtors filed a motion to modify their confirmed plan under 11 U.S.C.S. § 1329 due to changes in income and expenses and to reduce the duration of the of time for which they would have to make that payment. The trustee objected to modification under 11 U.S.C.S. §§ 1325, 1329.
Ruling: 
Post-default motion to modify plan by above-median debtor denied due to shortening of duration below the required 60 months.
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Consumer case opionion summary, case decided on March 25,2010, LexisNexis #0610-029

Iannacone v. Household Indus. Fin. Co. (In re Stepka)

Trustee filed a complaint against defendants, chapter 7 debtors and a creditor, to avoid a transfer of real property and preserve it for the benefit of the estate pursuant to 11 U.S.C.S. §§ 550, 551, and 544(a)(3). The debtors and the trustee each filed motions for summary judgment. The creditor filed a response in opposition to the debtors' motion.
Ruling: 
Mortgage with erroneous property descriptions avoided and preserved for benefit of estate.
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Consumer case opionion summary, case decided on March 15,2010, LexisNexis #0510-019

Medlock v. Meahyen (In re Meahyen)

In this adversary proceeding, plaintiff buyer sought a determination that defendant debtor's debt to him was nondischargeable. The buyer sought to except the debt under 11 U.S.C.S. §§ 523(a)(2)(A), 523(a)(4) and 523(a)(6).
Ruling: 
Debtor real estate broker's debt to buyer excepted from discharge due to misrepresentation of value of property.
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Consumer case opionion summary, case decided on February 04,2010, LexisNexis #0310-085

In re Polaroid Corp.

In related cases commenced under chapter 11, but converted to chapter 7, the trustee sought approval of his employment of a particular law firm as special counsel for the estate. Defendants in adversary proceedings objected to the employment of that firm under 11 U.S.C.S. § 327(e).
Ruling: 
Trustee could employ law firm that represented debtors in chapter 11 adversary proceedings as special counsel to continue those proceedings after conversion to chapter 7.
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Commercial case opionion summary, case decided on January 22,2010, LexisNexis #0210-106

In re Rowell

The chapter 13 debtor filed an objection to the proof of claim of the United States Internal Revenue Service (IRS) asserting that the Debtor owed it a total of $ 18,827.21, and the IRS filed an objection to the confirmation of the debtor's second modified plan.
Ruling: 
Confirmation of second modified plan denied due to treatment of IRS claim.
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Consumer case opionion summary, case decided on December 15,2009, LexisNexis #0110-028

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