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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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Mortg. Elec. Registration Sys. v. Townsend (In re Townsend)

Debtor filed a pro se motion styled as "Emergency Motion to Reconsider Order of Dismissal Pursuant to 11 U.S.C. § 109(g) to Shorten Time for Notice and to Permit Re-Filing." The motion was opposed by creditor, which filed a request to deny debtor's Emergency Motion.
Ruling: 
Court denied the debtor's emergency motion to reconsider a section 109(g) dismissal order since the debtor failed to file a court-requested affidivat of making chapter 13 plan payments or postpetition mortgage arrearages.
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Verdini v. Poirier (In re Verdini)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant, the debtor's former spouse, alleging that debts to the spouse arising from the parties'settlement agreement in their divorce proceedings were dischargeable. The spouse contended that the debts were nondischargeable under 11 U.S.C. § 523(a)(5) and (15) as alimony and as marital debts which the debtor was able to pay.
Ruling: 
Marital debts were deemed dischargeable since the alimony was actually compensation for unequal distribution of corporate assets.
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In re Talib

Pursuant to 11 U.S.C. § 109(h)(3), a chapter 13 debtor filed a certification of exigent circumstances and a motion to waive debt counseling prior to filing.
Ruling: 
Debtor's motion to waive pre-filing debt counseling requirement was denied since she did not establish exigent circumstances.
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In re Artimm S.r.l.

An Italian bankruptcy trustee filed an ancillary proceeding under former 11 U.S.C. § 304 to avert a default judgment against the debtor in a California case filed by the debtor's former executive. Bankruptcy court approval was sought for a proposed settlement agreement entered into by the debtor and a movie studio; the executive and a movie producer opposed the settlement's provision for the transfer of funds to the trustee in Rome.
Ruling: 
Settlement was approved and settlement funds were directed to Italian bankruptcy court to assure an economical and expeditious administration of the estate.
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Campos v. Wells Fargo Bank N.A.

Appellant debtor challenged the decision entered by the bankruptcy court that denied the debtor's claim for relief from appellee bank's seizure of funds from the debtor's savings account.
Ruling: 
Debtor could not recover setoff because the obligation was more than a year old and did not render debtor insolvent.
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In re Ross-Tucker

A chapter 7 trustee obtained a judgment ordering the debtor to pay the trustee an amount representing proceeds of a lawsuit settlement that the debtor failed to disclose. The trustee then filed motions to hold the debtor in contempt and to surcharge the debtor's exempt property (the debtor's home) based on the debtor's failure to comply with the judgment.
Ruling: 
A surcharge against exempt property was allowed where a debtor failed to disclose and spent case settlement proceeds.
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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 Williams

Debtor requested a waiver of the requirement to obtain budget and credit counseling under 11 U.S.C. § 109(h). Rather than filing the required certification, the debtor filed a motion to be excused from filing a certificate of credit counseling.
Ruling: 
Court denied the debtor's motion to be excused from filing a certificate of credit counseling and ordered the debtor to file either the required certificate of credit counseling or certification of exigent circumstances or risk dismissal of the case without further notice or hearing.
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In re Montoya

Chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B). Because the debtor had a prior chapter 13 case pending within the preceding 1-year period that was dismissed, the stay prohibiting any action taken with respect to the debtor's will terminated on November 26, 2005. The chapter 13 trustee objected.
Ruling: 
Debtor was denied extension of automatic stay since the debtor was unable to overcome presumption of bad faith in making third filing.
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