Northern District

In re Pak

The trustee moved to dismiss debtor's chapter 7 case that had been filed after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), asserting that the filing constituted an abuse of the Bankruptcy Code pursuant to 11 U.S.C. § 707(b), as modified by the BAPCPA.
Ruling: 
Trustee motion to dismiss was granted since case was abuse of chapter 7 given postfiling substantial increase in debtor's income.
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In re Quintero

Petitioner debtor requested approval of her reaffirmation agreement with a secured creditor.
Ruling: 
Reaffirmation agreement was not approved and creditor was prohibited from repossessing car since agreement did not meet disclosure requirements of section 524(k).
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Kendall v. Turner (In re Turner)

Two adversary proceedings were consolidated for trial. In one action, plaintiff, the chapter 7 trustee, brought a fraudulent transfer action against defendants, debtor's former spouse, et al. In the second action, plaintiffs, two individuals who alleged conduct against debtor in another matter that was found by a jury to be tortious, filed an objection to discharge action. The proceedings were before the court for decision following trial.
Ruling: 
Home transfer was deemed an actually and constructively fraudulent transfer where the debtor set up alter ego companies to protect assets and defraud creditors.
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Kendall v. Turner (In re Turner)

Two adversary proceedings were consolidated for trial. In one action, plaintiff, the chapter 7 trustee, brought a fraudulent transfer action against defendants, debtor's former spouse, et al. In the second action, plaintiffs, two individuals who alleged conduct against debtor in another matter that was found by a jury to be tortious, filed an objection to discharge action. The proceedings were before the court for decision following trial.
Ruling: 
Debtor was denied discharge due to the debtor's efforts to defraud creditors by concealing retained interest in the debtor's home.
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In re White

Debtor moved to avoid liens pursuant to 11 U.S.C. § 523. The issue before the court was one of statutory construction of 11 U.S.C. § 522(f)(2)(A). More specifically, the question was whether the language "the debtor's interest in the property" required that computations with respect to jointly owned property be based upon only the debtor's share rather than the value of the entire property.
Ruling: 
Two judicial liens were avoided since the court calculated the debtor's interest in joint property as the debtor's partial interest rather than as the value of the entire property and since the amount of the impairment of the debtor's exemption exceeded t
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