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In re Del Corso

The United States Trustee ("UST") filed a motion for sanctions, pursuant to Fed. R. Bankr. P. 9011, against the debtor's counsel. The UST filed a motion to disgorge the fees and return the fees paid by the debtor to counsel in a chapter 7 case.
Ruling: 
Sanctions imposed and attorneys'fees ordered disgorged where counsel advised and assisted debtor in unlawful prepetition fraudulent transfer.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-009

In re Kendall

The debtors filed for relief under chapter 13. The debtors filed an objection to a proof of claim filed for $13,193, pursuant to 11 U.S.C. § 502. After a hearing, the court issued findings of fact and conclusions of law.
Ruling: 
Claim disallowed due to lack of documentary support.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-004

Lassman v. Keefe (In re Keefe)

Plaintiff chapter 7 trustee objected to the discharge of defendant debtor under 11 U.S.C. § 727(a)(3) on the basis that the debtor destroyed certain documents and records from which his financial condition or business transactions might have been ascertained.
Ruling: 
Discharge denied due to debtor's destruction of records from which financial condition and transactions could have been ascertained.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-030

Two Jinn Inc. v. Lopez (In re Lopez)

Plaintiff bail bond company filed an adversary proceeding against defendant chapter 7 debtors claiming that an obligation owed to the company was not dischargeable under 11 U.S.C. § 523(a)(7). The debtors filed a motion to dismiss the complaint for failure to state a claim, which the court treated as a motion for summary judgment.
Ruling: 
Bail bond obligation arose from contract and was dischargeable.
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Consumer case opionion summary, case decided on December 24,2007, LexisNexis #0208-006

In re Lowe

The debtors filed for relief under chapter 7. In consolidated proceedings, a chapter 7 trustee sought turnover of cash and stock distributions that the debtors received through their employment. Debtors in one proceeding and the trustee sought summary judgment.
Ruling: 
Cash and stock distributions under collective bargaining agreement to which debtor did not have an individually enforceable right on petition date were not property of the estate.
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Consumer case opionion summary, case decided on December 24,2007, LexisNexis #0208-024

In re Pina

The debtors filed a motion for a "moratorium" on their chapter 13 plan payments which the court treated as a motion to modify the plan under 11 U.S.C. § 1329. The motion also requested an award of additional compensation for counsel. The chapter 13 trustee filed objections. The court considered identical pleadings and objections in two other cases.
Ruling: 
Request for moratorium on chapter 13 plan payments due to situations beyond debtors'control granted as request for modification.
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Consumer case opionion summary, case decided on December 23,2007, LexisNexis #0208-035

Belveal v. West (In re West)

Plaintiff creditor brought an adversary complaint to determine the dischargeability of a debt owed him by the debtor, a former business partner, pursuant to 11 U.S.C. § 523 and for the general denial of a discharge under 11 U.S.C. § 727, asserting that the debtor made false representations and defrauded the creditor, and deliberately concealed various assets and transactions from the bankruptcy court.
Ruling: 
Discharge denied where debtor claimed not to own trust property used as collateral for personal loans.
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Consumer case opionion summary, case decided on December 21,2007, LexisNexis #0108-102

Havis v. AIG SunAmerica Life Assurance Co. (In re Bossart)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant issuer of an annuity to intervenor bankruptcy debtors, alleging that the debtors'transfers of funds to the issuer to purchase the annuity on the eve of their bankruptcy was avoidable as actually and constructively fraudulent under 11 U.S.C. § 548. The bankruptcy court conducted a trial.
Ruling: 
Purchase of annuity with substantially all non-exempt assets and subsequently claimed as exempt was intended to defraud creditors and was avoidable.
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Consumer case opionion summary, case decided on December 21,2007, LexisNexis #0208-029

In re Miller

A debtor filed for relief under chapter 13. A creditor, the former spouse of the debtor, objected to the debtor's proposed chapter 13 plan contending that the debtor lacked good faith in filing the chapter 13 proceeding and plan.
Ruling: 
Plan confirmation denied due to lack of credibility and concerns that debtor was underemployed and not disclosing all potential income.
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Consumer case opionion summary, case decided on December 21,2007, LexisNexis #0108-082

Swanson v. Green (In re Green)

Plaintiff, the chapter 7 trustee, brought an adversary proceeding to deny the debtors a discharge, asserting that the debtors concealed a vast amount of personal property, in the estimated value of $200,000, in the form of collectable memorabilia items, with the intent to hinder, delay or defraud the trustee in violation of 11 U.S.C. § 727(a)(2) and /or made a false oath with respect to the property under 11 U.S.C. § 727(a)(4)(A).
Ruling: 
Discharge denied due to debtors'failure to schedule notable assets.
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Consumer case opionion summary, case decided on December 21,2007, LexisNexis #0208-013

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