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In re Johnston

Ruling
Amounts due under settlement agreement were not domestic support obligations and not entitled to priority.
Procedural posture

This matter came before the court upon debtor's objection to a proof of claim filed by a claimant, his former wife.

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Consumer opinion summary, case decided on March 29, 2013 , LexisNexis #0513-042

In re Johnston

Ruling
Debtor's former spouse's application for reimbursement of condominium expenses as administrative expense claim denied.
Procedural posture

A settlement agreement between a bankruptcy debtor and the debtor's former spouse apportioned the expenses of maintaining a condominium between the debtor and the spouse pending a sale of the condominium. The spouse applied for reimbursement of condominium expenses as administrative expenses entitled to priority under 11 U.S.C.S. § 503.

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Consumer opinion summary, case decided on March 29, 2013 , LexisNexis #0513-116

In re Buster

Ruling
Third mortgage could not be stripped off as value of residence exceeded debt after second mortgage was stripped off.
Procedural posture

Debtors declared chapter 13 bankruptcy and sought an order allowing them to "strip off" a second mortgage and a third mortgage which two banks held on their residence. The court allowed the debtors to strip off the second mortgage; however, a bank that held both the first mortgage and the third mortgage on the debtors' residence filed an objection to the debtors' motion. The court held a hearing on the debtors' motion and the bank's objection.

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Consumer opinion summary, case decided on March 26, 2013 , LexisNexis #0413-096

In re Kaufman

Ruling
Debtor ordered to amend Schedule C to remove inapplicable state life insurance exemption.
Procedural posture

This matter came before the court upon the objection filed by the chapter 7 trustee to debtor's claimed exemption in the cash value of two life insurance policies in which debtor's deceased wife was beneficiary. The court took ruling on the matter under advisement and the parties filed post hearing briefs.

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Consumer opinion summary, case decided on February 07, 2013 , LexisNexis #0313-043

In re Cruse

Ruling
Claim found not to be secured on debtor's objection due to lack of supporting documentation.
Procedural posture

A chapter 13 debtor objected to a creditor's claim, and the creditor objected to the confirmation of the debtor's plan.

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Consumer opinion summary, case decided on January 28, 2013 , LexisNexis #0213-102

In re Platt

Ruling
Confirmation of "fee only" plan denied unless amended plan could provide greater distribution to creditors.
Procedural posture

A below-median-income debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy plan. The trustee filed an objection to confirmation of the debtor's amended plan, claiming that it could not be confirmed because it was a "fee only" plan. The court held a hearing on the trustee's objection.

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Consumer opinion summary, case decided on November 19, 2012 , LexisNexis #1212-066