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Miller v. United States Dept of Educ. (In re Miller)

Ruling
Post-discharge consolidation of debtor's original student loan debt was not dischargeable.
Procedural posture

Plaintiff debtors filed an adversary complaint to determine if one debtor's student loan debt, consolidated postpetition, was dischargeable in bankruptcy under 11 U.S.C. § 523(a)(8) based on undue hardship. Defendant creditor filed a motion for summary judgment.

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opinion summary, case decided on August 14, 2006 , LexisNexis #0906-032

Wansor v. First Place Bank (In re Wansor)

Ruling
Court ordered judgments liens avoided since property was entireties property and liens impaired debtor's exemption.
Procedural posture

Movant debtor filed a motion, pursuant to 11 U.S.C. § 522(f)(1)(A), to avoid judgment liens filed by respondent bank against property held jointly with the debtor's wife as tenants by the entireties.

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opinion summary, case decided on July 25, 2006 , LexisNexis #0806-042

Cadle Co. v. Zofko (In re Zofko)

Ruling
Court dismissed creditor's complaint objecting to discharge since debtor did not knowingly and fraudulently make false oath or have intent to defraud.
Procedural posture

Debtor filed a voluntary petition under chapter 7. Creditor held a judgment against the debtor and filed a complaint to object to discharge. After a trial, the court dismissed the creditor's complaint. The creditor moved for additional findings and conclusions.

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opinion summary, case decided on June 27, 2006 , LexisNexis #0706-097

Skiba v. Andrzejewski (In re Andrzejewski)

Ruling
Debtors were allowed to exempt a personal injury award and a portion of their IRA account.
Procedural posture

Respondent debtors had filed a voluntary petition for bankruptcy relief pursuant to chapter 7. Movant trustee objected to a claimed exemption by the debtors for amounts in an Individual Retirement Account ("IRA"), to the extent the claim exceeded the amount allowed under 11 U.S.C. § 522(d)(5), the trustee objected to a claimed exemption for personal injury payments received.

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opinion summary, case decided on March 09, 2006 , LexisNexis #0406-051