Judge Lee

In re Cortez

The U.S. Trustee's Motion For Fines And Disgorgement To Debtor Under 11 U.S.C.S. § 110 came on for hearing. The U.S. Trustee's pleadings were unopposed.
Ruling: 
Bankruptcy petition preparer fined and ordered to disgorge fees due to failure to sign petition, file Official Form 19 and for nondisclosures.
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Consumer case opionion summary, case decided on July 10,2013, LexisNexis #0813-072

In re Rodriguez

A bankruptcy debtor died intestate, the debtor's case was then dismissed, and the bankruptcy trustee placed funds remaining in the debtor's estate with the clerk of court. The debtor's brother ex parte applied for payment of the unclaimed funds on the ground that he was the debtor's sole heir with the right to collect the debtor's funds.
Ruling: 
Deceased debtor's brother could not collect remaining estate funds absent showing of entitlement.
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Consumer case opionion summary, case decided on March 19,2013, LexisNexis #0413-109

Rogan v. Branch Banking & Trust Co. (In re Asberry)

A chapter 7 trustee sought to avoid the mortgage of creditor on the debtors' interest in real property pursuant to 11 U.S.C.S. § 544. Cross motions for summary judgment were filed by the parties.
Ruling: 
Mortgage that was properly indorsed under state law could be avoided.
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Consumer case opionion summary, case decided on March 01,2013, LexisNexis #0313-120

In re Ross

The debtors filed an ex parte motion to vacate their chapter 7 discharge so that they could proceed through chapter 13.
Ruling: 
Debtors could not vacate chapter 7 discharge to proceed under chapter 13 given failure to file motion to defer discharge.
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Consumer case opionion summary, case decided on February 20,2013, LexisNexis #0713-136

Landis v. Ramos (Ramos)

United States Trustee filed a complaint against chapter 13 debtor seeking to dismiss the chapter 13 case and to enjoin the debtor from filing another bankruptcy case for two years.
Ruling: 
Serial filer's fourth case dismissed with 180-day filing bar.
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Consumer case opionion summary, case decided on February 11,2013, LexisNexis #0713-131

In re Moreno

Chapter 7 debtor filed a motion to impose sanctions for violation of the discharge injunction under 11 U.S.C.S. § 524(a). The debtor contends that respondent property owners association violated the discharge injunction by obtaining a postpetition default judgment against the debtor in state court.
Ruling: 
Condominium association's default judgment including fees and costs violated discharge injunction.
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Consumer case opionion summary, case decided on August 15,2012, LexisNexis #0912-087

In re Parreira

Debtors filed a petition under chapter 12 of the Bankruptcy Code, and their largest creditor filed a claim against the debtors' bankruptcy estate which included a request for payment of attorney's fees in the amount of $53,384. The debtors filed an objection to the creditor's claim.
Ruling: 
Creditor's attorneys' fees allowed in full as reasonable under lodestar method.
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Consumer case opionion summary, case decided on January 05,2012, LexisNexis #0212-006

Tyler v. Ownit Mortg. Loan Trust

Appellant trustee filed an adversary proceeding in the United States Bankruptcy Court for the Eastern District of Virginia, seeking under 11 U.S.C.S. § 544(a) to avoid the conveyance of debtors' property to appellee following a foreclosure sale. The bankruptcy court held that the conveyance could not be avoided. The trustee appealed.
Ruling: 
Trustee could not avoid deed of trust that was valid under state law despite faulty acknowledgement.
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Consumer case opionion summary, case decided on October 28,2011, LexisNexis #1111-088

In re Renteria

Chapter 13 trustee objected to confirmation of the Chapter 13 plan filed by the debtor. The trustee contended that the plan unfairly discriminated against unsecured creditors in violation of 11 U.S.C.S. § 1322(b)(1).
Ruling: 
Unfair discrimination test was not applicable to consumer debt for attorneys' fees incurred in family law litigation.
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Consumer case opionion summary, case decided on August 01,2011, LexisNexis #0911-064

Halpin v. Hardy (In re Hardy)

Creditors moved for summary judgment on the issue of whether a debt owed to them by defendant debtors by virtue of a "draft" state court judgment was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and /or § 523(a)(6). Debtors also moved for summary judgment.
Ruling: 
Debt based on proposed state court judgment that had not yet been entered was dischargeable.
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Consumer case opionion summary, case decided on March 18,2011, LexisNexis #0511-011

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