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In re Marshall

Appellant chapter 7 debtor filed a pro se appeal after the Bankruptcy Court for the Middle District of Pennsylvania dismissed his chapter 7 bankruptcy petition under 11 U.S.C. § 521(I) and thereafter denied his motion to reinstate the petition, after the debtor failed to appear at a scheduled hearing on the motion.
Ruling: 
Bankruptcy properly dismissed due to debtor's failure to timely file documents.
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Consumer case opionion summary, case decided on December 14,2007, LexisNexis #0108-042

McDow v. Mayton

Plaintiff bankruptcy trustee sued defendant bankruptcy petition preparer, seeking fines, disgorgement of fees, and injunctive relief for the preparer's alleged violations of 11 U.S.C. § 110. The preparer was served with process by mail and otherwise, but failed to file a response or appear. The trustee moved for a default judgment.
Ruling: 
Bankruptcy petition preparer fined for unauthorized practice and enjoined from continuing to act as preparer.
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Consumer case opionion summary, case decided on December 13,2007, LexisNexis #0108-039

Mondelli v. Greenberg

Appellant debtor sought review of an order of the bankruptcy court converting his chapter 13 bankruptcy case into a chapter 7 bankruptcy case, which the court issued after determining that the debtor had failed to fulfill the obligations of his chapter 13 plan.
Ruling: 
Bankruptcy court properly converted case to chapter 7 due to debtor's failure to comply with chapter 13 plan.
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Consumer case opionion summary, case decided on December 12,2007, LexisNexis #0108-068

Reed v. Aid Assocs. Inc.

Plaintiff debtors sued defendants, a retail installment contract assignee and a debt collector, alleging that the assignee defamed them and that the collector violated the Federal Debt Collection Practices Act ("FDCPA") when attempting to collect the amount owed on the contract. The assignee filed a motion seeking to stay the proceedings and to compel arbitration with regard to the state law defamation claim asserted against it by the debtors.
Ruling: 
Contract under which sole remaining performance required was payment was not executory and did not need to be assumed or rejected.
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Consumer case opionion summary, case decided on December 07,2007, LexisNexis #0108-060

Cardinal Stritch Univ. v. Kuehn (In re Kuehn)

Appellee discharged chapter 7 debtor filed motions in the Bankruptcy Court for the Western District of Wisconsin seeking to reopen her bankruptcy case and to hold appellant university creditor in contempt. The creditor appealed after the bankruptcy court granted the motions, found that it had violated 11 U.S.C. §§ 362 and 524, and imposed sanctions based on its continued refusal to provide the debtor with her educational transcript.
Ruling: 
University properly sanctioned for withholding transcript after tuition debt was discharged.
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Consumer case opionion summary, case decided on November 30,2007, LexisNexis #1207-133

Bridgewater v. Northrup Grumman Ship Sys.

Defendant employer filed motions to substitute exhibits and for summary judgment in plaintiff employee's suit alleging that the employer maintained a racially hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Civil Rights Act of 1866, 42 U.S.C. § 1981. The employee sought monetary as well as injunctive and declaratory relief.
Ruling: 
Employment discrimination suit dismissed as not disclosed in debtor's bankruptcy.
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Consumer case opionion summary, case decided on November 29,2007, LexisNexis #1207-135

Lauro v. Shearer (In re Lauro)

Appellant joint chapter 7 debtors appealed from two orders entered by a bankruptcy court, which denied their motion to reopen their bankruptcy case and their subsequent motion for reconsideration. The debtors filed the motions after the bankruptcy court, pursuant to 11 U.S.C. § 727(a)(11), closed their bankruptcy case due to their failure to timely comply with Interim Fed. R. Bankr. P. 1007(c). Appellee trustee did not respond to the appeal.
Ruling: 
Bankruptcy court erred in failing to conduct excusable conduct inquiry into debtor's failure to file certificate of compliance with credit counseling requirement.
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Consumer case opionion summary, case decided on November 20,2007, LexisNexis #1207-086

Sellers v. Parks

Appellant judgment creditor obtained a judicial lien against the residence of appellee bankruptcy debtors, and the bankruptcy court directed that insurance proceeds be paid to the debtors in the amount of their homestead exemption after the residence burned down. The creditor appealed the order of the Bankruptcy Court for the Western District of Louisiana which canceled the creditor's lien under 11 U.S.C. § 522(f).
Ruling: 
Avoidance of lien reversed where value of allegedly impaired exemption had been received in full from insurance proceeds.
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Consumer case opionion summary, case decided on November 20,2007, LexisNexis #1207-099

Rupp v. Mayberry (In re Crocker Cos.)

Plaintiff bankruptcy trustee argued that certain transfers made to defendant creditor were preferential pursuant to 11 U.S.C. § 547 and fraudulent pursuant to 11 U.S.C. § 548 and Utah Code Ann. § 25-6-5(1)(b). The parties cross-moved for summary judgment. In addition, third party defendants moved to dismiss, the trustee sought remand, and the trustee moved to strike portions of an affidavit.
Ruling: 
Funds received by creditor to be held in trust were preferential not protected by earmarking doctrine from recovery.
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Consumer case opionion summary, case decided on November 08,2007, LexisNexis #1207-032

Vidal v. Alvarado

Appellant, son of a lessor and his widow, challenged the Bankruptcy Court for the District of Puerto Rico's grant of partial summary judgment in favor of appellees, debtors, and against the son based on its finding that the son willfully violated the automatic stay provision 11 U.S.C. § 362 and aided and abetted the widow in actions that constituted a willful violation of the automatic stay.
Ruling: 
Widow and son wilfully violated stay by pursuing rent collection and eviction.
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Consumer case opionion summary, case decided on October 26,2007, LexisNexis #1207-027

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