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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

Ransom v. MBNA America Bank (In re Ransom)

The U.S. Bankruptcy Court for the District of Nevada denied confirmation of a chapter 13 plan filed by appellant debtor. The denial was based upon the fact that debtor sought to take deductions for vehicle ownership expenses as part of the calculation of his projected disposable income, when in fact he had no such expenses. A motions panel of the Bankruptcy Appellate Panel granted leave for debtor's appeal under 28 U.S.C. § 158(a)(3), (b).
Ruling: 
Certification to 9th Circuit Court of Appeals on issue of whether debtor could not claim disposable income deduction for expenses on vehicles owned free and clear.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0308015

Ransom v. MBNA Am. Bank (In re Ransom)

A debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors. A bank filed an objection to confirmation of the debtor's plan, claiming that the debtor was not devoting all his projected disposable income to fund the plan, pursuant to 11 U.S.C. § 1325(b)(1)(B). The United States Bankruptcy Court for the District of Nevada denied confirmation, and the debtor appealed.
Ruling: 
Bankruptcy court properly held that above-median debtor could not claim vehicle ownership expense for vehicle owned free and clear.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-082

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

Brock v. Branch Banking & Trust Co. (In re Johnson)

In this pre-Bankruptcy Abuse Prevention and Consumer Protection Act preference action, plaintiff trustee appealed the Bankruptcy Court for the Eastern District of Kentucky's ruling that the lien on debtor's motor vehicle was protected from avoidance by the enabling loan exception, which excepted from avoidance certain security interests perfected within 20 days of debtor's possession of the collateral. Defendant was the lender.
Ruling: 
Enabling loan exception to avoidance not available where security interest in truck was not perfected within 20 days of purchase.
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Consumer case opionion summary, case decided on December 21,2007, LexisNexis #0108-099

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

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