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In re Frascella Enters.

Ruling
Debtor's application to hire counsel denied due to failure to completely disclose prior relationship with law firm.
Procedural posture

After the debtor filed for chapter 11 bankruptcy, the debtor filed an application to hire a certain law firm as counsel pursuant to 11 U.S.C. § 327(a), the unsecured creditors objected.

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opinion summary, case decided on April 12, 2006 , LexisNexis #0906-038

In re Jester

Ruling
Debtor was awarded damages for creditor's willful violation of automatic stay.
Procedural posture

Debtor filed a motion for contempt of the automatic stay of 11 U.S.C. § 362(a) against creditor, the Philadelphia Parking Authority ("PPA"), for the latter's postpetition conduct in seizing and impounding debtor's vehicle and selling it to recover the costs of unpaid, prepetition, parking fines and storage costs.

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opinion summary, case decided on April 12, 2006 , LexisNexis #0706-085

Cozzone v. Ingui (In re Ingui)

Ruling
Default judgment was deemed dischargeable since the creditor did not demonstrate that the debtor had willfully and maliciously caused or intended to cause injury to the debtor.
Procedural posture

Adversary plaintiff, a judgment creditor of defendant debtor, sought to have the default judgment for $3.8 million he had secured in a state court excepted from the debtor's discharge pursuant to 11 U.S.C. § 523(a)(6).

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opinion summary, case decided on March 10, 2006 , LexisNexis #0306-127

In re Savoie

Ruling
Court affirmed ruling that the debtors'$15,000 expenditure for private school tuition for their daughter constituted a substantial abuse of chapter 7.
Procedural posture

Before the court was debtors'motion pursuant to Fed. R. Civ. P. 59(e) for reconsideration of the court's order granting the motion of the trustee to dismiss their chapter 7 case for substantial abuse pursuant to 11 U.S.C. § 707(b).

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opinion summary, case decided on March 09, 2006 , LexisNexis #0406-099

In re Ellis

Ruling
Debtor was denied a continuation of the bankruptcy stay in a second filing since the debtor had not overcome the presumption of filing in bad faith.
Procedural posture

Movant chapter 13 debtor sought to continue the automatic stay beyond the 30-day period. Respondent mortgage holder and trustee objected. The bankruptcy court held an evidentiary hearing.

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opinion summary, case decided on February 24, 2006 , LexisNexis #0306-109

In re Goodell

Ruling
Trustee's motion to dismiss the debtor's chapter 13 case was granted since the debtor did not fully fund the IRS's priority claim or provide enough for unsecured creditors in the debtor's plan.
Procedural posture

Debtor filed a chapter 13 bankruptcy petition. The chapter 13 trustee moved to dismiss the case. Debtor objected to a proof of claim filed by creditor IRS.

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opinion summary, case decided on January 04, 2006 , LexisNexis #0306-032