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D.C. Circuit

Dawson v. Thomas (In re Dawson)

Debtor objected to a proof of claim filed in her chapter 13 by defendant agent and secured by a residential mortgage. She also sought relief against defendant lender and defendant broker. At issue, inter alia, was whether she was entitled to pursue the claims and whether either or both defendants were liable per the Truth In Lending Act (TILA), 15 U.S.C.S. § 1601 et seq., or the D.C. Home Loan Protection Act, D.C. Code § 26-1151.01 et seq.
Ruling: 
Equitable tolling operated to preserve debtor's Truth in Lending Act cause of action.
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Consumer case opionion summary, case decided on April 09,2008, LexisNexis #0508-131

Dawson v. Thomas (In re Dawson)

Debtor objected to a proof of claim filed in her chapter 13 by defendant agent and secured by a residential mortgage. She also sought relief against defendant lender and defendant broker. At issue, inter alia, was whether she was entitled to pursue the claims and whether either or both defendants were liable per the Truth In Lending Act (TILA), 15 U.S.C.S. § 1601 et seq., or the D.C. Home Loan Protection Act, D.C. Code § 26-1151.01 et seq.
Ruling: 
Debtor's TILA actions were preserved by tolling provisions of Bankruptcy Code.
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Consumer case opionion summary, case decided on April 09,2008, LexisNexis #0508-027

In re Goldston

In the debtor's voluntary petition, she left blank the section to be completed by tenants of residential property. The court concluded that the landlord's request for 11 U.S.C.S. § 3623(l)(4)(B) certification was unnecessary. That section was inapplicable because the debtor's petition failed to disclose the existence of a pre-petition judgment for possession, and such certification was only required if the debtor, in accordance with 11 U.S.C.S. § 362(l)(5), first indicated on her petition that a pre-petition judgment for possession was obtained and then neglected to file the necessary certifications regarding her right to cure the default that gave rise to the judgment. The debtor made no disclosures as to any pre-petition judgments for possession and made no contention that 11 U.S.C.S. § 362(b)(22)'s exception to the automatic stay was inapplicable.
Ruling: 
Landlord covered by exception to automatic stay where debtor failed to file certifications or challenge applicability.
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Consumer case opionion summary, case decided on January 23,2008, LexisNexis #0208-108

In re Lloyd

The debtor received a discharge under chapter 7. Almost six years after that case was closed, the debtor filed a motion to reopen the case, reporting that the debtor has been awarded a monetary recovery which included unpaid earnings during the period that preceded the filing of his bankruptcy case. The court granted the motion to reopen. The debtor then moved to convert the case to a case under chapter 13.
Ruling: 
Chapter 7 case reopened upon recovery of prepetition unpaid earnings and converted to chapter 13 with opportunity for filing proofs of claim regardless of prior discharge.
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Consumer case opionion summary, case decided on December 18,2007, LexisNexis #0208-021

McCarthy v. BMW Bankr. of N. Am.

In an adversary proceeding, pro se appellant chapter 7 trustee appealed the District Court for the District of Columbia's affirmation of a bankruptcy judge's finding that a bank had perfected its security interest in the sole asset of the estate outside the 90-day period of 11 U.S.C. 547 since, under District of Columbia (District) common law, a prior lien gave a prior legal right except where statute varied the common law rule.
Ruling: 
Security interest not perfected in timely manner could be avoided.
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Consumer case opionion summary, case decided on November 23,2007, LexisNexis #1207-105

In re Johnson

The chapter 13 trustee filed a motion to dismiss the bankruptcy case based the debtor's failure to obtain credit counseling as required by 11 U.S.C. § 109(h).
Ruling: 
Case dismissed due to incarcerated debtor's failure to obtain credit counseling.
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Consumer case opionion summary, case decided on October 11,2007, LexisNexis #1107-036

In re Briscoe

A bankruptcy debtor proposed a chapter 13 plan which provided for payment of the debtor's projected disposable income to unsecured creditors, which was calculated under 11 U.S.C. § 1325(b)(3) using a housing expense based on uniform IRS standards rather than the debtor's lower actual expense. The bankruptcy trustee objected to confirmation of the debtor's plan.
Ruling: 
Debtor was entitled to full housing expense based on IRS standards regardless of actual expense and IRS manual was not applicable.
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In re Bond

The debtor filed for relief under chapter 7. The creditor filed a motion for approval of a reaffirmation agreement or in the alternative an entry of an order confirming termination of the automatic stay.
Ruling: 
Disapproval of reaffirmation agreement did not trigger automatic termination of stay.
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In re Barnes

A bank filed a motion for permission to examine a debtor under Fed. R. Bankr. P. 2004.
Ruling: 
Bank's claim for breach of postpetition claim settlement agreement was contractual and was not related to debtor's bankruptcy.
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In re House of Wines Inc.

Chapter 7 trustee filed an objection to the proof of claim filed by creditor.
Ruling: 
Claim that did not set forth basis for treatment as prepetition claim was not entitled to presumption of validity.
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