Judge Lee

In re Hale

Before the court was a contested matter (the "Motion") filed by the U.S. Trustee (UST) to compel the payment of quarterly fees by the Chapter 11 debtor. It was brought in conjunction with debtor's motion to confirm a Chapter 11 plan.
Ruling: 
Acquisition of secured claims by debtor-in-possession financer did not amount to a disbursement that would trigger a quarterly fee.
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Consumer case opionion summary, case decided on September 13,2010, LexisNexis #1010-068

In re Scholl

Before the court was an objection by the chapter 13 trustee to confirmation of a chapter 13 plan filed by debtors.
Ruling: 
Railroad Retirement Act benefits should not be included in current monthly income calculation.
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Consumer case opionion summary, case decided on March 31,2010, LexisNexis #0610-036

In re Lavilla

Debtors were ineligible for chapter 7 relief due to a prior chapter 7 discharge, and the debtors' chapter 13 bankruptcy plan provided for payment of a secured claim and attorney fees with only a nominal payment to unsecured creditors. The bankruptcy trustee objected to confirmation of the debtors' plan.
Ruling: 
Plan confirmation denied where debtor was ineligible for discharge and plan proposed only nominal payments to unsecured creditors.
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Consumer case opionion summary, case decided on March 23,2010, LexisNexis #0610-026

Love v. Tyson Foods Inc.

Defendant employer moved for summary judgment in plaintiff employee's action alleging federal claims of race discrimination and retaliation and a state law claim for intentional infliction of emotional distress. The employer urged the court to hold that the employee was judicially estopped from pursuing his claims against the employer as a consequence of failing to disclose those claims to the bankruptcy court in his pending bankruptcy case.
Ruling: 
EEOC action dismissed as not disclosed in plaintiff's bankruptcy.
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Consumer case opionion summary, case decided on January 07,2010, LexisNexis #0210-011

Everitt v. Pneumo Abex LLC

Plaintiffs, who claimed injury from asbestos-containing products, entered into a settlement of their lawsuit with defendant asbestos manufacturer. They alleged the manufacturer breached the settlement agreement and brought an action demanding specific performance of the settlement agreement or damages for its breach. The defendant moved for summary judgment and defendant moved for summary judgment on the questions of contract validity and breach.
Ruling: 
Asbestos manufacturer was not covered by automatic stay in co-defendant's case.
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Commercial case opionion summary, case decided on December 10,2009, LexisNexis #0110-032

In re Harris

The debtors sought confirmation of their first modified chapter 13 plan. The trustee objected to confirmation on the grounds that the plan did not provide for all of the debtors' projected disposable income to be applied to make payments to unsecured creditors in compliance with 11 U.S.C.S. § 1325(b)(1)(B). The trustee's objection related specifically to a deduction taken on line 40 of the means test on Official Bankr. Form 22C.
Ruling: 
Debtor could not claim deduction for support of daughter's attending college.
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Consumer case opionion summary, case decided on October 22,2009, LexisNexis #1109-089

In re Kentucky Processing Co.

The debtor filed for relief under chapter 11 of the Bankruptcy Code. The United States trustee contended that the debtors owed fees to the trustee calculated pursuant to 28 U.S.C.S. § 1930(a)(6).
Ruling: 
No quarterly fees were owed for periods in which no distribution was made by debtor.
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Commercial case opionion summary, case decided on June 30,2009, LexisNexis #0809-105

In re Ruiz

The chapter 7 trustee objected to an amended exemption of real property claimed by debtors. The trustee contended that debtors were judicially estopped from claiming the exemption based on the fact that debtors did not disclose the property until after the trustee did his own research and inquired about the property at the meeting of creditors, and that debtors amended their exemptions in bad faith.
Ruling: 
Debtor's failure to disclose property at creditor's meeting that it later claimed as exempt did not constitute bad faith.
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Consumer case opionion summary, case decided on June 26,2009, LexisNexis #0809-007

In re Thissen

The chapter 13 trustee objected to confirmation of a chapter 13 plan proposed by debtors, a married couple, on the ground that debtors had miscalculated the amount of disposable income to be paid to unsecured creditors. At issue was the status properly accorded to claims asserted by holders of trust deeds 1 and 2 whose positions had become wholly unsecured by reason of a diminution in value of the collateral, which was debtors' residence.
Ruling: 
Confirmation denied where plan proposed treating creditors who were unsecured due to decrease in value of collateral as secured.
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Consumer case opionion summary, case decided on February 12,2009, LexisNexis #0409-012

In re Beaza

The trustee moved to dismiss the debtors'chapter 7 petition, based on the debtors'claim of certain deductions on Official Bankr. Form 22A (the Means Test), either as a presumed abuse of chapter 7 pursuant to 11 U.S.C.S. § 707(b)(2), or alternatively as an abuse of chapter 7 based on the totality of the circumstances of the debtors'financial situation pursuant to 11 U.S.C.S. § 707(b)(3).
Ruling: 
Case ordered converted or dismissed on totality of circumstances where debtors proposed surrendering collateral to satisfy most of secured debt.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-014

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