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Beacher v. Pena (In re Beacher)

Ruling
Filing of Form B22A not required where debts are not primarily consumer debts.
Procedural posture

Chapter 7 bankruptcy debtors moved to excuse filing a Form B22A calculation to determine whether a presumption of abuse arose, and other chapter 7 debtors in a separate case moved to vacate a dismissal of their case for failing to file a timely Form B22A. All of the debtors asserted that the requirement to file Form B22A did not apply since their debt was not primarily consumer debt, and the bankruptcy courts conducted a joint hearing.

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Court :
opinion summary, case decided on January 26, 2007 , LexisNexis #0307-042

In re Allen

Ruling
Law firm to be sanctioned for failing to perform adequate inquiry regarding validity of claims filed on behalf of creditor.
Procedural posture

The court had before it the issue of whether the law firm that represented a creditor of chapter 13 debtor should be sanctioned pursuant to Fed. R. Bankr. P. 9011.

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opinion summary, case decided on January 09, 2007 , LexisNexis #0307-084

In re Oritz

Ruling
Court refused to reconsider decision not to impose stay in debtor's third case in one year where evidence of good faith was unpersuasive.
Procedural posture

After a court denied the imposition of a stay under 11 U.S.C. § 362(c)(4), the debtor filed a motion to reconsider that order to prevent a creditor from repossessing the debtor's car. The debtor asserted that the court applied the wrong legal standard to the evidence presented at the hearing.

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opinion summary, case decided on November 20, 2006 , LexisNexis #0107-073

In re Solis

Ruling
Confirmation denied due to failure to pay present value of motor vehicle lien and dependence on income from debtor's son.
Procedural posture

Under 11 U.S.C. § 1325, a chapter 13 bankruptcy debtor proposed a debt repayment plan that would satisfy liens on two vehicles by paying the value of the vehicles rather than the amount owed to the creditor. She sought to use an interest rate calculated on the date that the case was filed, not the confirmation date.

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opinion summary, case decided on November 14, 2006 , LexisNexis #0107-118

Iglesias v. Motown Record Co. (In re Iglesias)

Ruling
Postpetition copyright infringement claims were not discharged in chapter 7 case.
Procedural posture

Defendant copyright holders filed a motion for summary judgment in connection with an adversary proceeding in which plaintiff debtors sought a determination that claims by the holders for copyright infringement were discharged in the debtors'2003 chapter 7 bankruptcy case.

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opinion summary, case decided on August 14, 2006 , LexisNexis #1006-028

In re Miller

Ruling
Trustee could reopen case in order to prosecute case against objecting defendant.
Procedural posture

Movant sought to have the court vacate its order allowing a chapter 7 trustee to reopen a bankruptcy case in order to prosecute a lawsuit against movant.

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opinion summary, case decided on August 07, 2006 , LexisNexis #0906-016

In re Thomas

Ruling
Order confirming the debtors'plan was vacated, and sanctions were imposed on the debtor 's counsel based on intentional misrepresentations of the debtor 's tax liability that constituted fraud.
Procedural posture

Bankruptcy debtors'chapter 13 plan provided for payment of the debtors'federal tax liability and the plan was confirmed, but the government subsequently filed a proof of claim for substantially greater tax liability. The debtors stipulated to the claim, and the bankruptcy court considered whether debtors and their counsel intentionally misrepresented the debtors'tax liability.

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opinion summary, case decided on February 13, 2006 , LexisNexis #0306-101