Judge Saladino

Conway v. Natl Collegiate Trust (In re Conway)

Ruling: 
Discharge of student loan debt should have been granted where possibility that debtor's irregular income would increase was speculative.
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Consumer case opionion summary, case decided on August 21,2013, LexisNexis #0913-046

Leitch v. Christians (In re Leitch)

Ruling: 
Funds in health savings account were property of the estate and not exempt.
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Consumer case opionion summary, case decided on July 16,2013, LexisNexis #0813-014

Hanzek v Omaha Police Fed. Credit Union (In re Hanzek)

The debtors filed a motion for summary judgment in their adversary proceeding seeking to avoid a junior lien on their real property.
Ruling: 
Wholly unsecured junior lien could be avoided.
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Consumer case opionion summary, case decided on July 16,2013, LexisNexis #0813-028

In re Hall

Before the court was a third amended chapter 13 plan filed by debtors, an objection to confirmation of the plan filed by creditor, a response filed by debtors, a motion for summary judgment filed by the creditor, and a resistance filed by debtors.
Ruling: 
Confirmation denied as proposing lien modification to which creditor had not agreed.
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Consumer case opionion summary, case decided on July 15,2013, LexisNexis #0813-067

In re McIntosh

Debtor appealed from an order from the United States Bankruptcy Court for the Eastern District of Missouri - St. Louis, which confirmed her chapter 13 plan over her objection. The substance of the appeal involved an earlier proposed plan, which the bankruptcy court rejected.
Ruling: 
Bankruptcy court did not err in confirming plan based on model form, without additions proposed by debtor, over debtor's objection.
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Consumer case opionion summary, case decided on June 10,2013, LexisNexis #0713-032

Hathorn v. Petty (In re Petty)

Creditors sought review of an order from the United States Bankruptcy Court for the Western District of Arkansas, which granted appellee Chapter 7 debtor's motion to dismiss their complaint seeking a determination of nondischargeability under 11 U.S.C.S. § 523(a)(3)(B) and (a)(6) as untimely under Fed. R. Bankr. P. 4007(c).
Ruling: 
Nondischargeability proceeding should not have been dismissed where creditor had insufficient notice to timely file complaint.
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Consumer case opionion summary, case decided on May 08,2013, LexisNexis #0513-121

In re Pialet

Bankruptcy debtors asserted that, before their bankruptcy case was closed, they were unaware of a default judgment and did not list the judgment or the judgment creditor in their schedules, and the creditor similarly asserted that it was unaware of the debtors' bankruptcy. The debtors moved to reopen their case to add the creditor and obtain a discharge of the judgment debt.
Ruling: 
Debtors could not reopen case to administer default judgment of which they had been unaware and had not originally scheduled.
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Consumer case opionion summary, case decided on May 06,2013, LexisNexis #0513-133

Aumiller v. GMAC Mortg. LLC (In re Aumiller)

Chapter 13 debtors filed a complaint against creditor to avoid the creditor's junior lien on their real property. The debtors moved for summary judgment.
Ruling: 
Wholly unsecured second lien could be stripped off and avoided upon successful completion of plan.
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Consumer case opionion summary, case decided on March 26,2013, LexisNexis #0413-097

In re Padilla

A creditor secured by a bankruptcy debtor's real property objected to the debtor's plan to cram down the creditor's claim and filed an election under 11 U.S.C.S. § 1111(b) to have its claim treated as fully secured. The debtor contended that the notice of election was not timely filed before the conclusion of the hearing on the debtor's disclosure statement.
Ruling: 
Election of fully secured status filed before final order on disclosure statement hearing was timely.
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Consumer case opionion summary, case decided on January 30,2013, LexisNexis #0313-025

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