Eastern District

Kuschel v. Kuschel (In re Kuschel)

Plaintiff debtor filed an amended complaint to determine dischargeability pursuant to 11 U.S.C. § 523(a)(15) and for declaratory judgment.
Ruling: 
Debtor's obligation to former spouse on note consolidating their student loans was dischargeable.
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In re Schott

The United States Trustee ("UST") filed a motion to dismiss the debtors'chapter 7 bankruptcy case for substantial abuse under 11 U.S.C. § 707(b).
Ruling: 
Parochial school tuition, additional life insurance and soccer expenses were not reasonably necessary, leading to dismissal for substantial abuse.
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Weems v. Cavaluzzi (In re Cavaluzzi)

Plaintiff creditor, the attorney who represented defendant debtor's former spouse in the couple's divorce proceedings, filed an adversary proceeding seeking a determination that the debts owed her were nondischargeable pursuant to 11 U.S.C. § 523(a)(5) and (a)(15).
Ruling: 
Attorneys'fees incurred by debtor's former spouse in defending child support order were nondischargeable.
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In re Skaggs

The United States Trustee filed a motion to dismiss the debtors' case pursuant to 11 U.S.C. § 707(b)(2) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
Ruling: 
Case dismissed for substantial abuse due to debtor's excessive monthly income.
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In re Lloyd

The chapter 7 matter was before the court on debtor's Motion for Redemption Pursuant to 11 U.S.C. § 722 and the creditor's response thereto.
Ruling: 
Debtor was granted motion for redemption regarding valuation of debtor's vehicle so that the redemption value was reduced by the costs of repair to body damage to the vehicle.
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Wash. Mut. Bank F.A. v. Sommerville (In re Sommerville)

Plaintiff, a servicer for a prior lien holder, alleged that it filed a corporate deed of release in error and that defendant debtor's note has not been paid in full. The servicer sought to have the deed of release set aside and the deed of trust reinstated. The debtor and defendant trustee opposed reinstatement of the deed of trust as violating 11 U.S.C. § 544(a). The parties filed cross-motions for summary judgment.
Ruling: 
Lien holder was barred by automatic stay from correcting the lien holder's mistaken release of debtor since filing established the trustee as a hypothetical lien creditor senior to the lien holder.
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Jamrose v. DAmato (In re DAmato)

Defendant debtors filed a voluntary petition for relief under chapter 7 of the Code. Plaintiff creditors filed an adversary proceeding to have the debtors'debt to the creditors, and others similarly situated, deemed nondischargeable under 11 U.S.C. § 523(a)(6) (2002). The creditors filed a motion for summary judgment under Fed. R. Bankr. P. 7056.
Ruling: 
Debt was deemed nondischargeable where the debtors had willfully and maliciously caused injury to the creditor customers by using fraudulent marketing efforts.
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