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Western District

Kee v. Evergreen Profl Recoveries Inc.

Plaintiffs, a debtor and another individual, brought an action against defendant creditor, alleging violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. § 1692 et seq., and a state claim of invasion of privacy. The creditor filed a motion for partial summary judgment arguing that the debtor was judicially estopped from pursuing her claims in this action.
Ruling: 
Debtor's Fair Debt Collection Practices Act claim dismissed as not disclosed in chapter 7 case.
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Consumer case opionion summary, case decided on August 19,2009, LexisNexis #0909-122

In re Jolan Inc.

After debtor, a company operating a bar and restaurant in leased space, filed a chapter 7 case, the trustee moved for orders permitting the sale, free and clear of all liens, of debtor's personal property and trade name for a price that was less than the total of all liens. Citing 11 U.S.C.S. § 363, debtor, its principals, and some other parties objected to the motion on grounds including that such an order was improper under the Clear Channel rule.
Ruling: 
Approval of proposed sale of assets for less than value of liens denied in favor of auction.
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Commercial case opionion summary, case decided on April 30,2009, LexisNexis #0609-076

In re Jacobson

Movant, a servicing agent for the holder of the note, sought relief from the automatic stay of 11 U.S.C.S. § 362(a) to enforce a deed of trust on the debtors' residence. The issues were whether a "servicing agent" was the real party in interest in whose name a relief from stay motion could be brought and whether the servicing agent had standing to seek relief from stay to enforce the debtors' deed of trust.
Ruling: 
Servicing agent for note holder lacked standing to seek relief from stay to enforce deed of trust.
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Consumer case opionion summary, case decided on March 06,2009, LexisNexis #0609-002

In re Dunn

Debtors filed a motion to confirm their chapter 13 plan, and a creditor bank objected to plan confirmation on the ground that the proposed plan impermissibly modified its rights in violation of 11 U.S.C.S. § 1322(b)(2). The bank also filed a motion for adequate protection payments pending confirmation.
Ruling: 
Plan proposing sale of property as cure for prepetition mortgage default did not impermissibly modify lender's rights.
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Consumer case opionion summary, case decided on January 09,2009, LexisNexis #0209-090

In re Smith

The matter came before the court on objections to confirmation of debtors'chapter 13 plan by the chapter 13 trustee (Trustee), the U.S. Trustee (UST) and a creditor.
Ruling: 
Deductions for expenses relating to property intended for surrender were not grounds for denial of confirmation.
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Consumer case opionion summary, case decided on November 14,2008, LexisNexis #0109-091

Caley v. Dannen

Plaintiff debtor brought claims against defendants, her former spouse, Sallie Mae Inc., which had consolidated their student loans, and the guarantor of the student loans. Sallie Mae and the guarantor moved for summary judgment on the claims.
Ruling: 
Placing nondischargeable student loan debt in default did not violate stay.
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Consumer case opionion summary, case decided on November 04,2008, LexisNexis #1108-136

Brown v. Affiliated Computer Servs.

Plaintiff chapter 7 trustee filed a tort action in state court against defendants. The matter was removed to federal court. The trustee filed a motion to remand the case to the state court.
Ruling: 
Equitable remand of estate's tort action was appropriate.
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Consumer case opionion summary, case decided on July 21,2008, LexisNexis #0808-053

In re Talley

A U.S. Trustee filed a motion to dismiss a debtor's voluntary chapter 7 petition under 11 U.S.C.S. § 707(b) for abuse after recalculating the debtor's monthly gross income and substituting the IRS Service Housing and Utilities Standard for the debtor's claimed mortgage expense.
Ruling: 
Chapter 7 case ordered converted to chapter 13 where debtor's mortgage payments were two- thirds of budgeted expenses.
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Consumer case opionion summary, case decided on June 05,2008, LexisNexis #0708-084

In re Equa-Chlor LLC

Debtor, a Washington limited liability company, filed a voluntary petition under chapter 11 of the Bankruptcy Code and a motion under Fed. R. Bankr. P. 9019(a) and Bankr. W.D. Wash. R. 9019-1 for entry of an order approving a proposed settlement and compromise. A Committee of Unsecured Creditors filed objections to the settlement agreement.
Ruling: 
Amended settlement agreement approved as in best interests of debtor and creditors.
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Commercial case opionion summary, case decided on April 29,2008, LexisNexis #0608-133

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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