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Moore v. Couture (In re Couture)

Ruling
Debts arising from decree of dissolution of marriage were nondischargeable without need for adversary proceeding.
Issue(s)
Were creditor's claims arising from debts awarded decree of dissolution of marriage to debtor excepted from discharge.

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Consumer opinion summary, case decided on January 27, 2014 , LexisNexis #0214-089

In re Hamilton

Ruling
Motion for contempt for violation of discharge injunction by IRS denied due to debtor's failure to file required administrative claim.
Issue(s)
Should IRS be held in contempt for willful and continuing failure to apply chapter 13 plan payments in accordance with the confirmed plan and violation of the discharge injunction.

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Consumer opinion summary, case decided on January 22, 2014 , LexisNexis #0214-058

In re Keith

Ruling
Turnover of cashiers checks and surcharge of claimed exemption warranted due to nondisclosures in schedules.
Issue(s)
Was turnover of cashier's checks held in debtor's safe deposit box and a surcharge of claimed exempt property warranted due to debtor's nondisclosures in schedules.

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Consumer opinion summary, case decided on January 07, 2014 , LexisNexis #0114-117

In re Standley

Ruling
Delay in completing sale was not grounds for sanctions or dismissal
Issue(s)
Was debtor's delay in completing sale prejudicial to creditors and cause for sanctions.

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Consumer opinion summary, case decided on December 06, 2013 , LexisNexis #0114-030

In re Southern Mont. Generation and Transmission Coop.

Ruling
Chapter 11 trustee removed after two years without confirmation and change in circumstances that led to appointment.
Issue(s)
Should chapter 11 trustee be removed?

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Commercial opinion summary, case decided on November 26, 2013 , LexisNexis #1213-094

In re Amen

Ruling
Settlement of legal disputes and claims against debtor approved as meeting required A&C Properties factors.
Issue(s)
Should trustee's settlement of legal disputes and claims be approved over objection of creditor to allegedly different treatment of similar claims.

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Consumer opinion summary, case decided on November 15, 2013 , LexisNexis #1213-045

In re Chitwood

Ruling
Plan that would not pay full amount of arrears on allowed secured claim could not be confirmed.

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Consumer opinion summary, case decided on November 06, 2013 , LexisNexis #1113-135

In re IB Atric. Inc.

Ruling
Stay modified to allow non-core, state law, breach of contract action to proceed to trial in district court.
Issue(s)
Should stay be lifted to allow creditor to proceed with non-core, breach of contract trial in district court.

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Commercial opinion summary, case decided on October 18, 2013 , LexisNexis #1113-073

Hunt v. Bailey (In re Bailey)

Ruling
Attorney for creditor entitled to fees for services in successful nondischargeability proceeding.
Issue(s)
Was attorney for creditor entitled to attorneys' fees for adversary proceeding successfully resulting in nondischargeability of state court judgment debt.

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Consumer opinion summary, case decided on October 16, 2013 , LexisNexis #1113-011

In re Davis

Ruling
Debtor could not avoid judicial lien that did not impair homestead pursuant to state law.
Issue(s)
Could debtor avoid judicial lien on property held in joint tenancy with creditor.

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Consumer opinion summary, case decided on October 11, 2013 , LexisNexis #1113-044