Eastern District

In re Spector

A Chapter 7 trustee objected to a debtor's claim of an exemption. The debtor argued that her interest in a deferred payment gift annuity agreement was excluded from her bankruptcy estate under 11 U.S.C.S. § 541(c)(2). The trustee objected to the exemption.
Ruling: 
Valid spendthrift trust was excluded from debtor's estate.
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Consumer case opionion summary, case decided on October 26,2010, LexisNexis #1110-126

Brenneke v. Fifth Third Bank (In re Brenneke)

Chapter 13 debtors filed an adversary proceeding against defendant bank, seeking a determination that a secured claim a bank filed against their bankruptcy estate could be treated as an unsecured claim under 11 U.S.C.S. § 506(a) because it was wholly unsecured. The case was tried to the court.
Ruling: 
Second mortgage on debtor's residence could not be treated as unsecured where property was valued at more than amount of first mortgage.
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Consumer case opionion summary, case decided on October 12,2010, LexisNexis #1110-084

Goins v. Department of Treasury Internal Serv. (In re Goins)

The matter before the court was Count II of plaintiff debtor's Complaint to Determine Nature, Validity, Priority and Dischargeability of Debt, and defendant United States' (Department of the Treasury Internal Revenue Service's) Motion to Dismiss and Abstain.
Ruling: 
Trust fund recovery penalty taxes were nondischargeable.
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Consumer case opionion summary, case decided on October 04,2010, LexisNexis #1110-015

Premier Bank v. Koester (In re Koester)

Creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that debts to the creditor were nondischargeable under 11 U.S.C.S. § 523(a)(2)(B) based on the debtors' false statements of ownership of real property in financial statements which induced the creditor to loan money to the debtors' construction business. The creditor moved for summary judgment.
Ruling: 
Loans guaranteed after debtor made false financial statements was nondischargeable.
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Consumer case opionion summary, case decided on September 29,2010, LexisNexis #1110-020

Bisch v. IRS (In re Bisch)

The matter before the court for decision was plaintiff debtors' Complaint to Obtain Discharge of Back Taxes Due to defendant Internal Revenue Service (IRS). The dispute in this case was whether the debt for debtors' income taxes, interest and penalties for 2005 was dischargeable.
Ruling: 
Three-year look back period for exception of income taxes from discharge is triggered on date tax return was last due.
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Consumer case opionion summary, case decided on September 29,2010, LexisNexis #1110-014

American Gen. Fin. Servs. v. Johnson (In re Johnson)

Plaintiff creditor filed a complaint to Determine Dischargeability of Debt against defendant debtor, asserting that a loan debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
Ruling: 
Debtor's gross overstatement of income on loan application resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on September 27,2010, LexisNexis #1010-115

In re Heaviside

In a chapter 13 bankruptcy case, creditor made a motion for a determination that the automatic stay under 11 U.S.C.S. § 362(a) did not apply or, in the alternative , for relief from the automatic stay to obtain entry of an arbitration award and for relief from the automatic stay to enforce the injunction in the arbitration award. First debtor was a former employee of creditor.
Ruling: 
Postpetition entry of prepetition arbitration award was not subject to stay.
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Consumer case opionion summary, case decided on August 30,2010, LexisNexis #1010-078

Cruse v. Yates (In re Yates)

Plaintiff, chapter 7 trustee, filed a complaint objecting to defendant debtor's discharge. The debtor, who had originally filed a petition under chapter 12, was alleged to have concealed or disposed of most of his assets, primarily cattle, and to have destroyed most of his records, and should be denied a discharge pursuant to 11 U.S.C.S. § 727(a)(2), (3), (4), (5) and (6).
Ruling: 
Chapter 7 debtor in case converted from chapter 12 denied discharge due to concealment or disposal of assets and destruction of records.
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Consumer case opionion summary, case decided on April 28,2010, LexisNexis #0710-127

Greenwood v. Dickhaus (In re Dickhaus)

The matter before the court was plaintiff judgment creditors' (hereafter "creditors") Complaint to Determine Dischargeability of Debt Pursuant to 11 U.S.C.S. § 523 against defendant debtor. Debtor counterclaimed for damages for violation of the automatic stay. The creditors moved to dismiss his counterclaim. A trial was held on the matter.
Ruling: 
Debtor's legal malpractice liability was dischargeable as not due to willful or malicious acts.
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Consumer case opionion summary, case decided on March 16,2010, LexisNexis #0810-015

In re Busby

The creditor, the former wife of debtor husband, filed an unsecured claim in the amount of $ 7,823.70. The debtors filed an objection to the claim. The creditor and debtor husband had entered into a written property settlement in their separation agreement.
Ruling: 
Former spouse's claim against proceeds of sale from residence allowed in part as provided for in separation agreement.
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Consumer case opionion summary, case decided on January 15,2010, LexisNexis #0410-046

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