Judge Dow

In re Heerlein

Debtor moved to avoid judicial lien pursuant to 11 U.S.C. § 522(f) and for release of garnished wages.
Ruling: 
Debtor could not avoid a judicial lien since the debtor lost an interest in the garnished wages when the prepetition wage garnishment order was entered.
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Missouri ex rel. Nixon v. Foster (In re Foster)

In consolidated adversary proceedings, motions for partial summary judgment were filed on certain of the claims asserted in the complaints filed by plaintiffs, state, an individual, and the trustee, for denial of discharge to debtors and defendants debtors, pursuant to 11 U.S.C. § 727(a)(3), (a)(4)(A), (a)(5) and (a)(6)(A).
Ruling: 
Debtors were denied a discharge since they knowingly and fraudulently failed to disclose or correct numerous material omissions or to comply with a court order to produce documents.
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In re Talib

Pursuant to 11 U.S.C. § 109(h)(3), a chapter 13 debtor filed a certification of exigent circumstances and a motion to waive debt counseling prior to filing.
Ruling: 
Debtor's motion to waive pre-filing debt counseling requirement was denied since she did not establish exigent circumstances.
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In re Gee

A putative bankruptcy debtor filed a bankruptcy petition and a certification of exigent circumstances in support of a request for waiver of the requirement under 11 U.S.C. § 109 that the debtor obtain debt counseling prior to filing her petition. The certification of exigent circumstances was denied, and the debtor moved to vacate the order rejecting the certification.
Ruling: 
Debtor was ineligible to be a debtor despite exigent circumstances since the debtor failed to request credit counseling services prior to filing.
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