Eastern District

Conway v. Heyl (In re Heyl)

Plaintiff creditors filed a complaint against chapter 7 debtors seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Debt was nondischargeable due to misrepresentations regarding investment in real estate development on which creditor justifiably relied.
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Consumer case opionion summary, case decided on February 13,2012, LexisNexis #0312-010

In re Wellington

The U.S. Trustee (UST) filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C.S. §§ 707(b)(1) and 707(b)(3).
Ruling: 
Case dismissed for abuse after excluding deduction for 401(k) loan payments.
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Consumer case opionion summary, case decided on February 09,2012, LexisNexis #0312-055

Davis v. Bonewicz

Defendant filed a motion to dismiss in plaintiff"s action, which alleged various violations of the Fair Debt Collection Practices Act, 15 U.S.C.S. § 1692 et seq., and the Telephone Consumer Protection Act, 47 U.S.C.S. § 227 et seq.
Ruling: 
Motion to dismiss for failure to disclose cause of action in schedules denied as premature.
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Consumer case opionion summary, case decided on November 18,2011, LexisNexis #1211-051

Sun Sec. Bank v. Rohe (In re Rohe)

Creditor filed a complaint against chapter 7 debtors seeking a revocation of their discharge pursuant to 11 U.S.C.S. § 727(d)(1).
Ruling: 
Failure to disclose ownership of guns or transfer more than one year prior to petition date was not grounds for revocation of discharge.
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Consumer case opionion summary, case decided on October 18,2011, LexisNexis #1111-063

Windows Off Wash. LLC v. Callahan (In re Callahan)

A creditor in a Chapter 13 bankruptcy case sought a determination that its debt was non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A) and that it was entitled to interest and attorneys fees under the terms of the contract with the debtors.
Ruling: 
Wedding catering fees paid with check on which debtor later stopped payment were nondischargeable.
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Consumer case opionion summary, case decided on October 03,2011, LexisNexis #1111-013

Housing Auth. of St. Louis County v. White (In re White)

Plaintiff, a county housing authority, sought a determination that a debt owed by defendant, a Chapter 7 debtor, for excess rental assistance was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(B). The housing authority filed a motion for summary judgment.
Ruling: 
Debt owed for excess rental assistance was excepted from discharge.
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Consumer case opionion summary, case decided on October 03,2011, LexisNexis #1111-014

In re Underwood

Movant, the United States trustee, filed a motion for entry of an order authorizing the examination of, and requiring the production of documents by secured creditor, the assignee of chapter 13 debtor's mortgage, pursuant to Fed. R. Bankr. P. 2004 and 9016. The creditor objected to the motion.
Ruling: 
Motion for examination of secured creditor granted with scope limited to debtor's specific loan history and correspondence with creditor.
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Consumer case opionion summary, case decided on September 08,2011, LexisNexis #1011-070

Dewoskin v. Imaging Advantage LLC (In re Visionary Imaging LLC)

The matter before the court was the Chapter 7 Trustee's Complaint to Avoid and Recover Transfers. The Trustee moved for summary judgment. Defendant transferee cross-moved for summary judgment.
Ruling: 
Transfer of receivables that transferee had placed in control of debtor could be avoided.
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Commercial case opionion summary, case decided on May 09,2011, LexisNexis #0611-057

ContinentalAFA Liquidation Trust v. Human Res. Staffing (In re ContinentalAFA Dispensing Co.)

Plaintiff liquidating trust brought an adversary proceeding against defendant, a temporary staffing agency, to avoid and recover preferential transfers in the amount of $103,856 (collectively "Transfers"). The Transfers consisted of payments made by debtors to the agency in the 90-day period proceeding debtors' bankruptcy filing ("Preference Period"). The trust moved for summary judgment. The agency cross-moved for summary judgment.
Ruling: 
Payments to temporary staffing agency in ordinary course of business were not avoidable.
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Commercial case opionion summary, case decided on May 09,2011, LexisNexis #0611-058

Cruse v. Brokaw (In re Brokaw)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtor seeking to enjoin the debtor from pursuing a personal injury lawsuit which the debtor failed to disclose in her schedule of assets.
Ruling: 
Undisclosed personal injury lawsuit was property of the estate and could not be pursued by debtor.
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Consumer case opionion summary, case decided on April 11,2011, LexisNexis #0511-065

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