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judge burgess

Miller, In re

Ruling
Trustee did not prove that a totality of the debtor's financial circumstances constituted abuseas the debtor did not have the ability to fund a Chapter 13 plan of reorganization. (Bankr. M.D.Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on May 13, 2022 , LexisNexis #0722-041

Caley v. Dannen

Ruling
Placing nondischargeable student loan debt in default did not violate stay.
Procedural posture

Plaintiff debtor brought claims against defendants, her former spouse, Sallie Mae Inc., which had consolidated their student loans, and the guarantor of the student loans. Sallie Mae and the guarantor moved for summary judgment on the claims.

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Consumer opinion summary, case decided on November 04, 2008 , LexisNexis #1108-136

Brown v. Affiliated Computer Servs.

Ruling
Equitable remand of estate's tort action was appropriate.
Procedural posture

Plaintiff chapter 7 trustee filed a tort action in state court against defendants. The matter was removed to federal court. The trustee filed a motion to remand the case to the state court.

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Consumer opinion summary, case decided on July 21, 2008 , LexisNexis #0808-053