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Educ. Credit Mgmt. Corp. v. Frushour (In re Frushour)

Appellant student loan management company appealed from the order of the district court, which held that appellee debtor satisfied the undue hardship requirement in 11 U.S.C. § 523(a)(8) and was entitled to discharge her student loans.
Ruling: 
Discharge of debtor's student loans due was overturned since the debtor had failed to show undue hardship
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In re U.S. Airways Inc.

Before the court in a chapter 11 matter was the objection of a creditor to movant reorganized debtors'request for an order disallowing late-filed claims, including two that the claimant filed in the total amount of approximately $9.7 million.
Ruling: 
Court did not allow a creditor's late-filed claims since adequate notice was provided by publication in the paper and the late filing was not due to excusable neglect.
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In re Epley

The debtor moved to convert her chapter 7 case to one under chapter 13 as well as on the motion of the chapter 7 trustee to sell property of the estate. The chapter 7 trustee objected to conversion.
Ruling: 
Debtor was denied motion to convert case to chapter 13 since debtor had insufficient income to propose a confirmable plan and, thus, the motion was filed in bad faith.
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In re Messer

Debtors filed a motion for sanctions pursuant to 11 U.S.C. § 362(h), alleging that a mortgage creditor and its attorney violated the automatic stay that was implemented when they filed a bankruptcy petition under chapter 13.
Ruling: 
Debtors were awarded damages after a mortgage creditor willfully violated an automatic stay by intentionally initiating a foreclosure proceeding.
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In re Smith

Debtors filed a motion for sanctions pursuant to 11 U.S.C. § 362(h), as it existed prior to the amendments provided by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, alleging that a creditor and the creditor's repossession agent willfully violated the automatic stay by attempting to repossess the debtors' automobile during their ongoing chapter 13 bankruptcy case.
Ruling: 
Debtors were awarded damages for the creditor's attempt to repossess the debtor's car in violation of the automatic stay.
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In re Moore

The matter came before the court upon the motion of movant, a real property purchaser, for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) in order to pursue a state court appeal on an expedited basis and upon debtors' motion for deposit of funds into the bankruptcy court. Debtors'also counterclaimed against the purchaser for violation of the automatic stay.
Ruling: 
Automatic stay was lifted for a purchaser of debtor's real property to pursue a state court appeal regarding surplus funds from the purchase since the state court appeal was the only means of appealing a prior decision.
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In re Moore

A bankruptcy debtor's prior bankruptcy case was dismissed and the debtor filed a second case within a year after the prior case was closed. The debtor moved to extend the automatic bankruptcy stay in the second case, which would otherwise expire 30 days after the second case was filed pursuant to 11 U.S.C. § 362(c)(3).
Ruling: 
Automatic stay was extended for second filing made within a year of a prior case being closed since the prior case had actually been dismissed just not closed more than a year before the second filing.
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In re Balthrop

Chapter 13 trustee filed an objection to confirmation of debtors'plan, which objection was joined by creditor, claiming that the plan did not comply with 11 U.S.C. § 1325(a)(4).
Ruling: 
Debtors'chapter 13 plan was confirmed since the plan met the best interests of the creditor test, the debtors could exempt the marital residence, and the creditor did not show a medical emergency exception to this exemption.
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In re US Airways Inc.

Debtor airline filed for chapter 11 bankruptcy protection. The court established a claims bar date for creditors other than governmental units. After the claims bar date passed, movant former employee and wife sought leave to file a late proof of claim. The bankruptcy court held a hearing on the motion.
Ruling: 
Debtor's former employee was denied a motion to file a late proof of claim since sufficient notice was provided and no excusable neglect was established.
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In re Whitaker

Creditor, the holder of a second mortgage on debtor's residence, moved to dismiss debtors'chapter 13 case pursuant to 11 U.S.C. § 1307(c)(1) and to bar the debtors from refiling for 180 days, given debtors'admitted efforts to delay and hinder the creditor.
Ruling: 
Motion to dismiss the debtor's chapter 13 case was granted with prejudice to bar refiling for 180 days since the debtors acted in bad faith.
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