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In re Lively

After a bankruptcy court preliminarily announced that it would deny confirmation of a chapter 11 individual plan for violating 11 U.S.C.S. § 1129(b)(2)(B)(ii), it allowed briefings on the question of whether the Bankruptcy Abuse and Consumer Protection Act of 2005 (BAPCPA) abrogated the absolute priority rule for individual chapter 11 cases.
Ruling: 
Confirmation denied due to continued operation of absolute priority rule.
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Consumer case opionion summary, case decided on December 30,2011, LexisNexis #0212-030

In re Strojny

Debtors, an attorney and his wife, declared chapter 13 bankruptcy in 2008, but converted their case to one under chapter 7 of the Bankruptcy Code in March 2010. The debtors received a discharge in July 2010, and in June 2011, a former client of the male debtor filed a motion pursuant to 11 U.S.C.S. § 350 for an order reopening the debtors' case. The debtors opposed the motion, and the debtors and client filed cross-motions for summary judgment.
Ruling: 
Added creditor's motion to reopen debtor's case to file a nondischargeability proceeding denied due to failure to object prior to court imposed deadline.
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Consumer case opionion summary, case decided on December 29,2011, LexisNexis #0212-017

In re Moore

Chapter 13 debtors filed a motion to avoid a judicial lien against funds frozen in an account in favor of a creditor under 11 U.S.C.S. § 522(f)(1)(A). The creditor asserted that its interest did not constitute a judicial lien and therefore could not be avoided.
Ruling: 
Debtor could avoid judicial lien on funds frozen in account in favor of creditor.
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Consumer case opionion summary, case decided on December 29,2011, LexisNexis #0212-016

In re Hasselbach

After objections were filed to a creditor's claims for arrearages, the creditor amended its proof of claim and reduced the amount to match the total of the state court records.
Ruling: 
Creditor ordered to provide explanation for discrepancy between costs claimed in proof of claim and state court records.
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Consumer case opionion summary, case decided on December 29,2011, LexisNexis #0212-002

Villareal v. Morales (In re Villareal)

Chapter 13 debtors sought to set aside a tax foreclosure sale of the debtors' homestead pursuant to 11 U.S.C.S. § 544(a)(3).
Ruling: 
Debtor could avoid tax foreclosure sale of homestead where deed was not recorded prior to petition date.
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Consumer case opionion summary, case decided on December 28,2011, LexisNexis #0212-025

Wilson v. Wasson Nursery Inc. (In re Wilson)

Debtor filed its Motion for Summary Judgment with respect to the first claim of his three claims, the alleged willful violation of the discharge injunction. Defendant was a creditor.
Ruling: 
Unlisted creditor's attempt to collect debt discharged in no asset case violated discharge injunction.
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Consumer case opionion summary, case decided on December 28,2011, LexisNexis #0212-021

In re OBrien

A chapter 11 debtor sought an order authorizing him to use collateral and cash collateral and granting adequate protection to creditors.
Ruling: 
Debtor authorized to use cash collateral to continue operation of business.
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Consumer case opionion summary, case decided on December 24,2011, LexisNexis #0212-047

Shriners Hosp. for Children v. Bauman (In re Bauman)

Creditor filed an amended complaint against chapter 7 debtor seeking a determination barring dischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(4) and (a)(6). The debtor moved to dismiss the complaint for failure to state a claim upon which relief could be granted under Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012 or , in the alternative, for summary judgment under Fed. R. Civ. P. 56 and Fed. R. Bankr. P. 7056.
Ruling: 
Debtor executor's failure to notify beneficiary under prior will of the terms of final will after decedent's death was not fiduciary defalcation that would lead to nondischargeability.
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Consumer case opionion summary, case decided on December 23,2011, LexisNexis #0212-055

Ackley v. Sallie Mae Student Loans (In re Ackley)

Citing 11 U.S.C.S. § 523(a)(8), debtors, a married couple who filed a chapter 7 case, asked the court to find that they were entitled to discharge their obligations for student loans for themselves and their adult children, which loans totaled around $460,000.
Ruling: 
Elderly debtors with multiple physical ailments granted undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on December 23,2011, LexisNexis #0212-057

In re Love

A chapter 13 debtor sought a determination of whether any payment of fees to her counsel was improper or should be refunded and disgorged under 11 U.S.C.S. § 329(b) and Fed. R. Bankr. P. 2017(b).
Ruling: 
Fees ordered disgorged due to inadequate representation of debtor on active military duty.
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Consumer case opionion summary, case decided on December 23,2011, LexisNexis #0212-059

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