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In re Johnson

Dec
08
2008
Ruling
Excess secured debt on debtor's primary residence did not preclude relief in consumer case.
Procedural posture

The debtors filed for relief under chapter 7. The United States Trustee filed a motion to dismiss the case under 11 U.S.C.S. § 707(b)(3).

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Consumer opinion summary, case decided on December 08, 2008 , LexisNexis #0409-056
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Pacific Capital Bancorp v. Schwass (In re Schwass)

Nov
06
2007
Ruling
Debtor's failure to prepare reaffirmation agreement after filing statement of intention was not grounds for relief from stay.
Procedural posture

Movant bank sought relief from stay under 11 U.S.C. § 362(h), contending that respondent debtor failed to fulfill her obligations under 11 U.S.C. § 521(a)(2)(B) to reaffirm a debt secured by a vehicle.

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Consumer opinion summary, case decided on November 06, 2007 , LexisNexis #1207-111
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In re Hill

Aug
07
2007
Ruling
Court declined to dismiss case that debtor could not complete in five years to serve best interests of debtor and creditors.
Procedural posture

Chapter 13 trustee filed motions in two bankruptcy cases to dismiss the cases on the grounds that they had exceeded 60 months in length.

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opinion summary, case decided on August 07, 2007 , LexisNexis #1007-031
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