Arizona

In re McLaughlin

The debtors filed a motion for citation of contempt and for the assessment of sanctions against a creditor for willfully violating the automatic stay in violation of 11 U.S.C. § 362(k).
Ruling: 
Creditor sanctioned for calling and harassing debtors in willful violation of stay.
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Consumer case opionion summary, case decided on October 30,2007, LexisNexis #1207-112

In re Hall

After filing their petition, the debtors sold farm land which generated a capital gains tax. In their amended chapter 12 plan, the debtors proposed to include that tax liability as an unsecured claim, relying on 11 U.S.C. § 1222(a)(2)(a). The IRS filed an objection to the plan.
Ruling: 
Capital gains tax on postpetition sale of farm by chapter 12 estate was not a priority administrative expense and could not be treated as unsecured.
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Commercial case opionion summary, case decided on October 02,2007, LexisNexis #1107-013

In re Garcia

The United States trustee moved to dismiss the debtor's chapter 7 petition, based on an alleged presumption of abuse, pursuant to 11 U.S.C. § 707(b). The debtor objected, asserting she was allowed to take the "applicable" IRS Local Standards monthly deduction of $471 for her paid-off 1996 Buick Century, while the trustee contended she was only entitled to deduct $200 per month for the vehicle.
Ruling: 
Above-median debtor's case dismissed for substantial abuse where debtor did not have loan or lease payments on vehicle and could not take deduction.
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Consumer case opionion summary, case decided on September 11,2007, LexisNexis #1007-083

Edmondson v. Bradshaw (In re Bradshaw)

Plaintiff, the former husband of debtor, and the debtor were engaged in a long-running and hotly contested child custody proceeding. A state court awarded the former husband a portion of his attorney's fees incurred in the child custody dispute, under Ariz. Rev. Stat. § 25-324. The debtor sought to discharge that judgment, and the former husband moved for partial summary judgment of nondischargeability under 11 U.S.C. § 523(a)(5).
Ruling: 
Attorneys'fees awarded to debtor's spouse in long-running child custody proceeding were nondischargeable.
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Consumer case opionion summary, case decided on August 24,2007, LexisNexis #1007-064

Reaves v. Comerica Bank-California (In re GTI Capital Holdings)

Defendant, a secured creditor of chapter 7 debtor, filed a motion for summary judgment in an action brought by plaintiff chapter 7 trustee, alleging that the creditor's late filing of UCC-1 Financing Statements constituted a preference or a fraudulent conveyance that should be avoided and recovered for the benefit of the estate pursuant to 11 U.S.C. §§ 544(b) and 548. The trustee filed a cross motion for summary judgment.
Ruling: 
Collateralization of antecedent debt conferred new reasonably equivalent value upon debtor for transfer of interest in property.
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In re Engram

A debtor filed a petition under chapter 13, and the case was subsequently converted to one under chapter 7. A bankruptcy trustee was appointed, and he sought approval of an agreement the debtor entered to settle a state court action he filed against his brother. After the court approved the agreement, the trustee filed a motion to set aside the agreement and for sanctions against the brother's attorney.
Ruling: 
Debtor's brother's attorney sanctioned for failure to turn over funds to trustee as required by settlement.
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In re White

Chapter 13 debtor filed a motion for sanctions against a creditor for a violation of the automatic stay pursuant to 11 U.S.C. § 362(k).
Ruling: 
Failure of creditor to return vehicles repossessed postpetition immediately upon receiving notice of bankruptcy violated stay.
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In re Zukowsky

Debtors filed a petition under chapter 7, and a trustee was appointed to manage the bankruptcy estate. The debtors filed an objection to the trustee's proposed distribution of assets to creditors, and to the manner in which the trustee calculated his fee.
Ruling: 
Claims filed after deadline could be paid by trustee after timely filed claims but before any payment to debtors where debtor's inheritance provided sufficient funds.
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In re Moustafi

After debtor, who had filed a chapter 7 proceeding, timely filed a statement of intention and entered into a reaffirmation agreement with a creditor that held a security interest in her car, court approval was sought. At issue was whether the reaffirmation agreement was properly approved, whether debtor could retain the car even if the court denied approval of the agreement, and the effect of 11 U.S.C. §§ 362(h) and 521(d) thereon.
Ruling: 
Bankruptcy court refused to approve reaffirmation agreement that was not in best interests of debtor.
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99 Westchester Invs. LP v. Johnson (In re Johnson)

Plaintiff creditor commenced a dischargeability proceeding against defendant debtors, asserting that a debt arising from the sale of the creditor's airport car rental locations to a corporation was nondischargeable in the debtors'personal bankruptcy under 11 U.S.C. §§ 523(a) or 727.
Ruling: 
Debtor did not act fraudulently in purchase of airport car rental locations by corporation of which debtor was an officer.
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