Bankruptcy Court

Fanaras v. Carpenter (In re Fanaras)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor pursuant to 11 U.S.C. § 727(d), seeking to revoke the discharge entered in favor of the debtor. The trustee moved for summary judgment as to all counts in the complaint. The debtor cross moved for summary judgment, seeking to dismiss all counts on the basis that they were time barred.
Ruling: 
Debtor was granted partial summary judgment since the one-year statute of limitations for requesting revocation of discharge is not subject to equitable tolling.
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In re Freeman

The debtors filed a petition for relief under chapter 7 of the Code. The debtors filed a motion for an order directing the turnover of monies held by a creditor. The creditor filed an objection to the motion. The court treated the matter as an action for a violation of the automatic stay under 11 U.S.C. § 362, pursuant to the court's authority under 11 U.S.C. § 105(a), together with Fed. R. Bankr. P. 7015 and 9014.
Ruling: 
Creditor did not violate automatic stay when the debtors made postpetition payments on a collateralized debt that was to be reaffirmed but had not yet been reaffirmed.
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Lucas v. Lyle (In re Lyle)

Plaintiff creditors, owners of a residence, brought an adversary proceeding against defendant bankruptcy debtor, a contractor, alleging that a debt to the owners for the contractor's defective work was nondischargeable under 11 U.S.C. § 523(a)(2)(A) based on the contractor's misrepresentation that the contractor was licensed. The bankruptcy court reconsidered the owners'claim upon remand from the district court.
Ruling: 
Debt for unlicensed contractor debtor's damage to a residence from defective work was deemed dischargeable since the debtor did not misrepresent that the debtor was unlicensed.
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Hodder v. Wilshire Credit Corp. (In re Hodder)

Plaintiffs, chapter 13 debtors, brought an adversary proceeding challenging their obligations to defendants creditors who held secured claims against real property of the debtors. The secured creditors brought a motion for judgment on the pleadings.
Ruling: 
Chapter 13 debtor could not challenge secured claims that were listed and not disputed in schedules.
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Consumer case opionion summary, case decided on September 12,2011, LexisNexis #1011-060

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