Judge Dow

In re Kuhrts

Debtor claimed payments from an annuity as exempt and the chapter 7 trustee objected to the claimed exemption. The debtor claimed that the payment was exempt as an annuity on account of a disability under Mo. Rev. Stat. § 513.430(10)(e).
Ruling: 
Annuity payments were not covered by state exemption as not related to employment as required.
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Consumer case opionion summary, case decided on May 20,2009, LexisNexis #0809-010

Caruso v. Harmon (In re Harmon)

Plaintiff filed an adversary complaint for a judgment that a $324,768 state court judgment obtained by her against debtor on account of injuries suffered by reason of his assault and battery was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6) and that collateral estoppel arising from the state court litigation barred relitigation of the underlying issues in the court.
Ruling: 
Debtor collaterally estopped from relitigating state court judgment for damages from assault and battery which was nondischargeable.
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Consumer case opionion summary, case decided on April 15,2009, LexisNexis #0609-013

Heinrich v. Nelnet (In re Heinrich)

Debtors, filed an adversary proceeding against creditor seeking a determination that their student loan debt be discharged pursuant to 11 U.S.C.S. § 523(a)(8) on the ground that repayment of such debt would impose an undue hardship.
Ruling: 
Undue hardship discharge of student loan debt denied where debtors and their dependent children had surplus income.
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Consumer case opionion summary, case decided on March 05,2009, LexisNexis #0409-052

Duvali v. Maxey (In re Maxey)

Pro se plaintiff creditor brought an action against defendant bankruptcy debtor seeking a denial of the debtor's discharge pursuant to 11 U.S.C.S. § 727(a) based on improper property transfers, inadequate records, and nondisclosure of assets, or for nondischargeability of a judgment debt to the creditor under 11 U.S.C.S. § 523(a)(6) based on willful and malicious injury from the debtor's false police reports of criminal conduct by the creditor.
Ruling: 
Debtor's false reports to police that creditor possessed child pornography, molested children and grew marijuana were not grounds for denial of discharge.
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Consumer case opionion summary, case decided on February 18,2009, LexisNexis #0409-088

In re Booker

The United States Trustee filed a motion to dismiss a chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b)(3).
Ruling: 
Case ordered dismissed or converted to chapter 13 for abuse and bad faith after adjustments to claimed expenses.
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Consumer case opionion summary, case decided on January 23,2009, LexisNexis #0309-015

In re Roach

The debtors filed for relief under chapter 7 of the Bankruptcy Code, which was converted to a proceeding under chapter 13. A creditor who held a lease with the debtor filed an application for an administrative expense claim under 11 U.S.C.S. § 365(d)(3). The creditor also filed an objection to confirmation of the debtors'amended chapter 13 plan.
Ruling: 
Lessor creditor was not entitled to an administrative expense claim for outstanding rent under lease deemed rejected before chapter 7 was converted to chapter 13.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0109-075

Dumas v. Sabre Group LLC

Appellant debtor had challenged an order of the U.S. Bankruptcy Court for the Northern District of Illinois, Eastern Division, modifying the automatic stay issued pursuant to 11 U.S.C.S. § 362 and remanding previously removed tax proceedings to an Illinois state court for further consideration on a finding that abstention was proper. Appellee creditor moved to dismiss the appeal as moot.
Ruling: 
Appeal of abstention ruling dismissed as moot where underlying bankruptcy case had been dismissed.
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Consumer case opionion summary, case decided on December 10,2008, LexisNexis #0109-041

In re Maxey

Plaintiff judgment creditor brought an adversary proceeding against defendant debtor, seeking a declaration that a judgment debt was nondischargeable under 11 U.S.C.S. 523(a)(6). The creditor moved for summary judgment.
Ruling: 
Defamation judgment was not based on sufficient facts for finding of nondischargeability on grounds of malicious conduct.
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Consumer case opionion summary, case decided on October 17,2008, LexisNexis #1208-015

In re Preston

Plaintiff debtor filed a complaint against defendant creditor for a willful violation of the automatic stay provisions of 11 U.S.C.S. § 362(a). The creditor denied that collection of funds that had been sequestered was a violation of the automatic stay and contended that any violation of the stay was not willful under 11 U.S.C.S. § 362(k)(1). The parties filed motions for summary judgment.
Ruling: 
Collection of sequestered wages was not a violation of stay but sequestration and collection of postpetition wages was a violation.
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Consumer case opionion summary, case decided on October 07,2008, LexisNexis #1108-002

In re Cox

A chapter 13 trustee moved to deny confirmation of the debtors' chapter 13 plan on the grounds that the plan failed to comply with 11 U.S.C.S. § 1325(b). The trustee alleged that the plan did not propose to pay to unsecured creditors the amount required by § 1325(b) as reflected on the debtors' Form 22C.
Ruling: 
Section 1325(b) does not violate equal protection clause of Fifth Amendment as applied to above-median debtors unable to pay unsecured creditors the amount reflected on Form 22C.
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Consumer case opionion summary, case decided on September 03,2008, LexisNexis #0908-091

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