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Davis v. U.S. Bank (In re Davis)

Ruling
Chapter 12 case properly dismissed due to debts in excess of eligibility limits.
Issue(s)
Whether a debtor's voluntary petition was properly dismissed because her aggregate debts exceeded the statutory limitation for chapter 12 eligibility in effect, under 11 U.S.C.S. § 101(18)(A) (2010), at the time that the debtor filed her petition.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 17, 2015 , LexisNexis #0315-036

Nakano v. United States

Ruling
Debtor was liable for willful nonpayment of excise taxes as it was not obligated to use its assets for any other purpose.
Issue(s)
Whether the district court erred in holding that debtor airline's failure to pay post-chapter 11 petition excise taxes was "willful" as obligated under §503(b)(1)(A) and (B)?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 18, 2014 , LexisNexis #0314-047

Danielson v. Flores (In re Flores)

Ruling
Duration of plan must be at least as long as the applicable commitment period.
Issue(s)
May above median debtors propose a chapter 13 plan with a term of three years rather than the five year applicable commitment period.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 29, 2013 , LexisNexis #0913-133

Ah Quin v. County of Kauai Dept. of Transportation

Ruling
Dismissal of inadvertently unscheduled employment discrimination action reversed.
Procedural posture

Former employee sued former employer for gender discrimination. The U.S. District Court for the District of Hawaii granted summary judgment in favor of the employer on the basis of judicial estoppel because, while pursuing the employment discrimination action, the employee had filed for chapter 7 bankruptcy protection, and initially failed to list this action in her bankruptcy schedules. The employee sought review.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 24, 2013 , LexisNexis #0813-057

Batlan v. Bledsoe (In re Bledsoe)

Ruling
Transfers made pursuant to marital dissolution judgment were not avoidable.
Procedural posture

Trustee sought review of a judgment from the United States District Court for the District of Oregon affirming the bankruptcy court's grant of summary judgment in favor of the debtor's former spouse in the trustee's adversary proceeding asserting claims under 11 U.S.C.S. §§ 544(b)(1) and 548(a)(1)(B).

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 25, 2009 , LexisNexis #0709-138