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Conley v. Smith (In re Smith)

Defendant debtor appealed from an order of the bankruptcy court for the Northern District of Ohio that granted summary judgment to plaintiff creditor, an attorney who had represented the debtor in a prior criminal proceeding, in a nondischargeability action under 11 U.S.C.S. § 523(a)(2)(A). The debtor challenged the holding that he was collaterally estopped from relitigating the issue of fraud.
Ruling: 
State court fraud determination was binding on bankruptcy court in nondischargeability proceeding.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-010

Smith v. Pritchett (In re Smith)

Appellant debtor challenged the Bankruptcy Court for the District of New Hampshire's order overruling his objection to the proof of claim filed by appellee, his former spouse, and denying his motion to avoid her lien.
Ruling: 
Penalties for late alimony payments were not domestic support obligations and related lien was avoidable.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0309-001

Antognoni v. Basso (In re Basso)

Debtor appealed from an order of the Bankruptcy Court for the District of Massachusetts that denied his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) and sustained plaintiff creditor's objection to his homestead exemption. The court denied the debtor's discharge under the continuous concealment doctrine, and denied the homestead exemption because he had filed the declaration of homestead in violation of a state court order.
Ruling: 
Denial of discharge on theory of "continuing concealment" reversed as homestead declaration announced, rather than hid, interest in property.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0309-034

Clark v. Wilmoth (In re Wilmoth)

Chapter 7 trustee, appealed the Bankruptcy Court for the Western District of Arkansas order which overruled the trustee's objection to debtor's claim of exemptions. The trustee claimed that the bankruptcy court erred in finding that debtor had no intent to hinder, delay or defraud creditors. The case implicated the Arkansas homestead exemption, Ark. Const. art. 9, § 3 and 11 U.S.C.S. § 522(o).
Ruling: 
Bankruptcy court properly overruled trustee's objection to debtor's claimed exemptions absent extrinsic evidence of intent to hinder, delay or defraud creditors via debtor's pre-bankruptcy planning.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0209-115

In re Anderson

Appellant debtor sought review of a decision of the United States Bankruptcy Court for the Western District of Michigan, which dismissed the debtor's case when the debtor failed to comply with the credit counseling requirement of 11 U.S.C.S. § 109(h).
Ruling: 
Incarcerated debtor did not qualify for waiver of credit counseling requirement.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0109-037

Martinez v. Arce (In re Martinez)

Appellant debtor challenged an order of the Bankruptcy Court for the District of Puerto that granted the motion to dismiss filed by appellee, the debtor's former spouse, and dismissed the debtor's Chapter 13 case, pursuant to 11 U.S.C.S. § 1307(c), on the grounds of her bad faith in filing the petition.
Ruling: 
Bankruptcy court properly granted motion to dismiss by debtor's spouse despite disallowance of spouse's claim.
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Consumer case opionion summary, case decided on December 01,2008, LexisNexis #0309-035

Buckeye Check Cashing Inc. v. Meadows (In re Meadows)

Appellant payday lender challenged a ruling of the U.S. Bankruptcy Court for the Southern District of Ohio, Western Division at Dayton, that it violated the automatic stay when, after receiving notice of appellee debtor's chapter 13 filing, it refused to unconditionally return funds from the postpetition presentment of appellee's prepetition check. At issue was whether such conduct violated 11 U.S.C.S. § 362 and the impact of 11 U.S.C.S. § 549.
Ruling: 
Creditor's postpetition cashing of check postdated by debtor for date after petition date did not violate stay.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #1208-109

Kristan v. Turner (In re Kristan)

Pro se appellant bankruptcy debtor was denied a discharge based on attempts to transfer property beyond the reach of creditors, and three years later the debtor asserted that appellee bankruptcy trustee engaged in fraud in administering the bankruptcy estate. The debtor appealed the orders of the U.S. Bankruptcy Court for the District of Maine which denied the debtor's motion to revoke denial of discharge and imposed sanctions.
Ruling: 
Bankruptcy court properly denied motion to revoke denial of discharge.
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Consumer case opionion summary, case decided on October 30,2008, LexisNexis #0209-068

Weinman v. Graves (In re Graves)

The chapter 7 Trustee appealed an order of the Bankruptcy Court for the District of Colorado denying his motion to compel the debtors to turnover the value of a pre-petition tax refund that the debtors applied to pre-payment of their 2007 taxes, prior to filing their bankruptcy case.
Ruling: 
Bankruptcy court refused to order turnover of prepetition tax refund applied as pre-payment to next year's liability.
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Consumer case opionion summary, case decided on October 22,2008, LexisNexis #1108-079

Hildebrand v. Petro (In re Petro)

Appellant trustee sought review of a decision of the Bankruptcy Court for the Middle District of Tennessee, which confirmed the chapter 13 plan of appellee debtors over the trustee's objection. The trustee claimed that the debtors were not contributing all of their projected disposable income toward the payment of their unsecured creditors.
Ruling: 
Bankruptcy court erred in failing to take into account debtor's actual financial circumstances in denying confirmation for insufficient contribution.
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Consumer case opionion summary, case decided on October 17,2008, LexisNexis #1108-092

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