Judge Mahoney

In re Osborn

A creditor, the former spouse of a chapter 13 debtor, objected to confirmation of his plan, asserting that her claim was a priority unsecured domestic support obligation under 11 U.S.C.S. § 507(a)(1)(A). She also contended that the plan was not filed in good faith under 11 U.S.C.S. § 1325(a)(3). The debtor objected to the classification of the claim as a domestic support obligation.
Ruling: 
Confirmation denied due to failure to properly accommodate nondischargeable priority domestic support obligation.
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Consumer case opionion summary, case decided on January 26,2012, LexisNexis #0212-097

In re McCombs

A bank filed a motion against the chapter 11 debtor for relief from the automatic stay under 11 U.S.C.S. § 362(d)(1) and (2).
Ruling: 
Relief from stay granted to mortgagee where value of property was dropping and couldn't be protected by rental income.
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Consumer case opionion summary, case decided on December 21,2011, LexisNexis #0212-045

In re Profl Veterinary Prods.

In a chapter 11 case, a creditor objected to its treatment in the debtor's plan.
Ruling: 
Objection to confirmation sustained due to failure to provide secured creditor with indubitable equivalent of value of claim.
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Commercial case opionion summary, case decided on December 16,2011, LexisNexis #0112-096

In re Sullivan

This matter was before the court pursuant to debtor's motion to voluntarily dismiss his chapter 13 case. A creditor moved to have debtor's case dismissed with an injunction so that it could use all available state law remedies to seize debtor's non-exempt property.
Ruling: 
Voluntary dismissal granted without prejudice where debtor was ineligible for chapter 13 relief at filing.
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Consumer case opionion summary, case decided on December 12,2011, LexisNexis #0212-004

Brannan v. Wells Fargo Home Mortg. Inc. (In re Brannan)

Chapter 13 debtors sought certification of a class under Fed. R. Civ. P. 23(a) of every debtor in a county in whose case an affidavit was filed by defendant creditor on the ground that every affidavit was improper or fraudulent due to the policies and procedures followed by the creditor and its agents and employees in preparing, executing and filing affidavits in debtors' cases.
Ruling: 
Certification of class of debtors against whom creditor filed fraudulent affidavits denied.
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Consumer case opionion summary, case decided on November 07,2011, LexisNexis #1211-035

In re Basler

Claimants objected to a proposed settlement between debtors, being a physician and his wife, the chapter 7 trustee, and the U.S. Trustee (UST), of claims raised in debtors' chapter 7 case which settlement provided, inter alia, for debtors to purchase the estate's interest in debtor's professional corporation (PC) through which he practiced medicine. At issue was whether the settlement was properly approved under Fed. R. Bankr. P. 9019.
Ruling: 
Settlement providing for debtors, physician and spouse, to purchase physician's professional corporation approved.
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Consumer case opionion summary, case decided on November 02,2011, LexisNexis #1211-033

Nebraska Dept of Labor v. Hayes (In re Hayes)

Plaintiff, the Commissioner of the Nebraska Department of Labor (NDOL), filed an adversary proceeding, requesting that the court find that the amount owed it by defendant debtor was non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
State labor department finding that debtor willfully misrepresented overpayment of employment benefits was res judicata as to nondischargeability.
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Consumer case opionion summary, case decided on September 16,2011, LexisNexis #1011-116

Brunswick State Bank v. Koehler (In re Koehler)

Plaintiff bank filed a complaint against defendant Chapter 7 debtors seeking a determination that debts were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Loan debts were dischargeable where debtor's representations were not false of fraudulent when made.
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Consumer case opionion summary, case decided on September 07,2011, LexisNexis #1011-083

In re McBride

Chapter 13 debtors filed a motion seeking to have secured creditor, a car dealer, show cause why it was not in violation of 11 U.S.C.S. § 362(a)(3) and should not be required to pay damages for the violation, following the creditor's postpetition repossession of a vehicle subject to a closed end motor vehicle lease.
Ruling: 
Creditor's postpetition repossession of leased vehicle violated stay.
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Consumer case opionion summary, case decided on September 06,2011, LexisNexis #1011-073

In re Calhoun

Creditors filed objections to confirmation of the chapter 11 debtor's plan of reorganization (the Plan) under 11 U.S.C.S. §§ 1129(a)(11) and 1123(a)(5).
Ruling: 
Plan funded by rental and consulting income approved over objection of secured creditors.
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Consumer case opionion summary, case decided on August 19,2011, LexisNexis #0911-132

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