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Smith v. Bowen (In re Bowen)

Oct
04
2013
Ruling
Sale of property to debtor's sister at reasonable market price was not grounds for denial of discharge.
Issue(s)
Was debtor's sale of property seven months prior to petition date grounds for denial of discharge.

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Consumer opinion summary, case decided on October 04, 2013 , LexisNexis #1113-027
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Johnston v. SunTrust Bank (In re Johnston)

Apr
12
2013
Ruling
Debtor could not strip off second lien that was wholly unsecured.
Procedural posture

Plaintiffs, chapter 13 debtors, filed an adversary complaint to determine the validity and extent of the lien held by creditor, a junior lien holder, on the debtors' residence. Debtors sought to strip the lien from the property. The creditor filed a proof of claim in the amount of $72,527 as a secured lien.

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Consumer opinion summary, case decided on April 12, 2013 , LexisNexis #0613-027
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In re Roberts

Apr
01
2013
Ruling
Case reopened for determination of whether creditor violated discharge injunction.
Procedural posture

Pro se debtor filed a motion to reopen her closed chapter 7 case, pursuant to 11 U.S.C.S. § 350(b).

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Consumer opinion summary, case decided on April 01, 2013 , LexisNexis #0613-006
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In re Ludwig

Feb
25
2013
Ruling
Debt to former spouse based on property settlement agreement that waived alimony or support was not entitled to priority status.
Procedural posture

A chapter 13 debtor objected to the priority status of a claim held by his former spouse. The debtor asserted that her claim was not entitled to priority status under 11 U.S.C.S. § 507(a)(1)(A) because it stemmed from a property settlement agreement, while his former spouse alleged that it was based on a domestic support obligation that was in the nature of alimony, support, or maintenance.

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Consumer opinion summary, case decided on February 25, 2013 , LexisNexis #0613-013
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In re Mull

Feb
05
2013
Ruling
Debtors could not reopen dismissed case that had not been closed.
Procedural posture

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and after the court entered an order dismissing their case because they had not complied with the court's order requiring them to filed an amended plan, the debtors filed a motion to reopen their case.

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Consumer opinion summary, case decided on February 05, 2013 , LexisNexis #0613-003
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