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Western District

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

Bennett v. Bennett (In re Bennett)

A pro se creditor who was the debtor's former husband sought to dismiss the debtor's Chapter 7 case under 11 U.S.C.S. § 707(b)(3).
Ruling: 
Motion to dismiss filed by debtor's former spouse objecting to child's private school tuition and spouse's 401(k) contributions denied.
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Consumer case opionion summary, case decided on January 19,2011, LexisNexis #0211-062

In re Smith

In a chapter 13 case, an unsecured creditor filed a motion to allow its late- filed claim. The debtor filed a motion to add the creditor's pre-petition debt to her plan.
Ruling: 
Late-filed proof of claim disallowed as previously deemed allowed due to failure of debtor to object.
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Consumer case opionion summary, case decided on December 03,2010, LexisNexis #0111-049

Anthis v. Copland (In re Copland)

A judgment creditor sought a determination that defendant, a chapter 7 debtor, was not entitled to the discharge of a state court judgment arising from the shooting death of the victim, who was creditor's husband, by the debtor pursuant to 11 U.S.C.S. § 523(a)(6).
Ruling: 
State court judgment arising from debtor's fatal shooting of creditor's husband was nondischargeable.
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Consumer case opionion summary, case decided on September 23,2010, LexisNexis #1210-120

In re Symons Frozen Foods Inc.

The debtor was a dealer in frozen foods. In two contracts it purchased products from two creditors, a seller of corn, and a seller of peas, beans, and carrots. Each of the sellers submitted their claims as federal trust claims pursuant to the Perishable Agricultural Commodities Act (PACA), 7 U.S.C.S. §§ 499a-499s. The debtor and another party objected to the motion, asserting PACA did not apply as a matter of law.
Ruling: 
Creditors held valid Perishable Agricultural Commodities Act trust claims only if payment was due within 30 days of receipt and acceptance of products.
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Commercial case opionion summary, case decided on March 05,2010, LexisNexis #0510-080

Kanouff v. Hayes (In re Hayes)

Plaintiff creditors brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that sanctions imposed against the debtor in state court for filing a frivolous lawsuit against the creditors was a nondischargeable debt under 11 U.S.C.S. § 523(a)(6) as a willful and malicious injury. The creditors moved for summary judgment based on collateral estoppel.
Ruling: 
Sanctions for debtor's malicious filing of frivolous lawsuit against creditor were nondischargeable.
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Consumer case opionion summary, case decided on January 26,2010, LexisNexis #0310-089

In re Snowden

Movant debtor filed a motion for sanctions against respondent creditor, asserting it willfully violated the automatic stay in violation of 11 U.S.C.S. § 362(a). The creditor argued it had negotiated a postdated check without knowledge of the debtor's bankruptcy filing.
Ruling: 
Negotiable instrument exception was inapplicable to postpetition electronic funds transfer initiated by bank in violation of stay.
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Consumer case opionion summary, case decided on December 10,2009, LexisNexis #0110-074

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 Pierce County Housing Auth.

Debtor, a public housing authority, filed a petition under chapter 9 and a disclosure statement, and proposed a plan for adjustment of its debts. A group of claimants, a bank, and an unsecured creditors' committee (UCC) filed objections to the debtor's eligibility and its plan. The debtor resolved the objections filed by the bank and the UCC, and the court held a hearing on objections filed by the claimants.
Ruling: 
Public housing authority that was technically insolvent was an eligible chapter 9 debtor.
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Commercial case opionion summary, case decided on August 21,2009, LexisNexis #1009-001

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