Judge Overstreet

Burdette v. Rachel

Ruling: 
Discharge denied due to debtor's nondisclosure of death benefit in order to hinder, delay or defraud the IRS.
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Consumer case opionion summary, case decided on May 08,2015, LexisNexis #0615-025

Earley-Wall v. Dunnington

Ruling: 
Debt resulting from property settlement with debtor's former spouse was dischargeable.
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Consumer case opionion summary, case decided on December 11,2014, LexisNexis #0115-014

Giebel v. Styron (In re Giebel)

Ruling: 
Misrepresentation regarding subordination agreement was grounds for nondischargeable debt.
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Consumer case opionion summary, case decided on August 29,2014, LexisNexis #0914-114

In re Croney

A creditor sought to dismiss debtors' Chapter 13 case on the ground that debtors were ineligible under 11 U.S.C.S. § 109(e). The creditor contended that an unconditional personal guaranty put the debtors' total unsecured debt over the statutory limit.
Ruling: 
Case converted to chapter 7 upon determination that debtor was not eligible under chapter 13.
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Consumer case opionion summary, case decided on May 02,2011, LexisNexis #0511-107

In re Burrows

In a chapter 13 case, the United States Trustee (UST) objected to a proof of claim, to which neither the debtor nor the chapter 13 trustee objected. The creditor challenged the standing of the UST to object to its claim.
Ruling: 
United States Trustee had standing to object to proof of claim.
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Consumer case opionion summary, case decided on February 22,2011, LexisNexis #0411-001

Scott v. United States Dept of Educ. (In re Scott)

Plaintiff chapter 7 debtors filed an adversary proceeding against defendants, the U.S. Department of Education (DOE) and two lenders, seeking a judgment that debts they owed the DOE and the lenders were dischargeable under 11 U.S.C.S. § 523(a)(8). The case was tried to the court.
Ruling: 
Student loan debt discharged where debtors had maximized income potential and could not make any significant reduction in expenses.
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Consumer case opionion summary, case decided on September 25,2009, LexisNexis #1109-049

In re Kerr

The debtors in two proceedings filed voluntary petitions under chapter 13, and the matters were subsequently converted to cases under chapter 7. After conversion the clerk's office for the court generated orders to show cause for dismissal due to the debtors'failure to file a new means test Form B22A, as required by Interim Bankr. W.D. Wash. R. 1007-1(b).
Ruling: 
Form B22A required after conversion from chapter 13 to chapter 7.
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In re Cole

A United States trustee filed a motion under 11 U.S.C. § 707(b)(1), seeking an order dismissing a petition which a debtor filed under chapter 7. The trustee claimed that the debtor was not eligible for relief under chapter 7. The debtor opposed the motion.
Ruling: 
Debtor who owned vehicles free and clear could not take standard deductions.
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