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In re Roll

Nov
10
2008
Ruling
Trustee lacked expense information to establish that cases of debtors who lived together but filed separately should be dismissed for abuse.
Procedural posture

Bankruptcy debtors shared a residence with one debtor's adult relative and the debtors filed separate bankruptcy petitions. The trustee asserted that the income of both debtors should be considered together in each debtor's case, and the trustee moved to dismiss the debtors' cases based on the presumption of bankruptcy abuse under 11 U.S.C.S. § 707(b). The bankruptcy court conducted a preliminary hearing.

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Consumer opinion summary, case decided on November 10, 2008 , LexisNexis #0409-010
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In re Carter

Nov
07
2008
Ruling
Motion for payment of postdischarge attorneys' fees from debtors' estate denied.
Procedural posture

After the debtors' chapter 13 plan was confirmed, their attorney filed a motion to approve his request for additional attorney fees and costs. The debtors objected to the application.

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Consumer opinion summary, case decided on November 07, 2008 , LexisNexis #0409-024
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Mondelli v. Berkley Realty Partners 244 LLC

Aug
14
2008
Ruling
Partners.
Procedural posture

Appellant chapter 7 debtor challenged a decision of the Bankruptcy Court for the District of New Jersey, which issued an order enforcing a mortgage and lease to which the debtor was a party and denied the debtor's motion for reconsideration. Appellees, the mortgagee and the lessee, claimed that the debtor failed to timely file a designation of the record and notice of issues on appeal, as required by Fed. R. Bankr. P. 8006.

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Consumer opinion summary, case decided on August 14, 2008 , LexisNexis #0908-105
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In re Shafer

Jun
09
2008
Ruling
Case dismissed where debtors maintained high expenses in bad faith to limit creditors' recovery.
Procedural posture

Creditors of chapter 13 debtors and the trustee objected to the debtors' plan on the grounds that it was not filed in good faith, as required by 11 U.S.C.S. § 1325(a)(3).

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Consumer opinion summary, case decided on June 09, 2008 , LexisNexis #1008-049
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In re Tozer

Jun
09
2008
Ruling
Modification of plan to extend payment period for additional attorneys'fees granted.
Procedural posture

A bankruptcy debtor's former attorney was granted supplemental compensation for legal services rendered, and the attorney sought to modify the debtor's chapter 13 plan by extending the plan period to account for the additional attorney fees. The trustee asserted that such modification was impermissible under 11 U.S.C.S. § 1329.

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Consumer opinion summary, case decided on June 09, 2008 , LexisNexis #1008-090
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Heavrin v. Schilling (In re Triple S Restaurants Inc.)

Mar
17
2008
Ruling
Sanctions properly imposed against debtor's general counsel for unfounded action against chapter 7 trustee.
Procedural posture

Plaintiff general counsel sued defendant chapter 7 bankruptcy trustee in state court for outrage and intentional infliction of emotional distress. The trustee removed the case to federal bankruptcy court, had the case dismissed, and had sanctions imposed under Fed. R. Bankr. P. 9011. The general counsel appealed the United States District Court for the Western District of Kentucky at Louisville's affirmation.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on March 17, 2008 , LexisNexis #0408-035
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In re Howard

Oct
31
2005
Ruling
Nonpayment of filing fees in prior bankruptcy cases was not grounds for dismissing the current case.
Procedural posture

Debtor filed a chapter 13 petition. The debtor had filed two previous Chapter 7 bankruptcies, in both of which the debtor failed to pay the required fees, and the cases were dismissed. The debtor owed $335.00 to the court. The bankruptcy clerk asked the court to dismiss the case pursuant to 11 U.S.C. § 109(g)(1). The court ordered the debtor to show cause why the case should not be dismissed.

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opinion summary, case decided on October 31, 2005 , LexisNexis #0106-031
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