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Seaver v. Mortgage Elec. Registration Sys. (In re Schwartz)

Defendant mortgage lenders appealed from an order of the United States Bankruptcy Court for the District of Minnesota entered in favor of the chapter 7 trustee of debtor's bankruptcy estate, avoiding the transfer of mortgage interests in the debtor's real property to the lenders as preferential transfers under 11 U.S.C.S. § 547, and entering monetary judgments against the lenders for the value of the interest transferred.
Ruling: 
Payoff of mortgages obtained within 90 days of petition date via postpetition refinancing avoided as preferential.
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Consumer case opionion summary, case decided on March 07,2008, LexisNexis #0308-135

Ghomeshi v. Sabban (In re Sabban)

Appellant creditor sought review of an order of the United States Bankruptcy Court for the Central District of California, that determined that an award of $ 123,500 under a state court judgment based on Cal. Bus. & Prof. Code §§ 7031 and 7160 was dischargeable. The debtor was a contractor who had falsely represented to the creditor that he was licensed. The issue was whether the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
State court penalty based on debtor's violation of home improvement contractor licensing statute was nondischargeable although award of damages in the nature of disgorgement was not.
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Consumer case opionion summary, case decided on February 20,2008, LexisNexis #0408-028

Meoli v. MBNA Am. Bank N.A. (In re Wells)

Appellant credit card issuer challenged a decision of the U.S. Bankruptcy Court for the Western District of Michigan granting summary judgment to the chapter 7 Trustee on a preference claim under 11 U.S.C. § 547(b). The issue was whether debtor's use of convenience checks drawn on one bank (Bank 1) to reduce the balance on another credit card account with Bank 2 was a transfer of debtor's "interest" as contemplated by 11 U.S.C.S. § 547(b).
Ruling: 
Bankruptcy court properly held that debtor's reduction of balance on one credit card account using convenience checks drawn on second credit card account was avoidable.
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Consumer case opionion summary, case decided on February 11,2008, LexisNexis #0308032

Dumont v. Ford Motor Credit Co. (In re Dumont)

Appellant debtor challenged a decision of the Bankruptcy Court for the Southern District of California that denied, inter alia, her application for an order to show cause for contempt of automatic stay under 11 U.S.C.S. § 362. The debtor filed her motions after appellee creditor repossessed her vehicle.
Ruling: 
Creditor was free to repossess debtor's vehicle without violating stay where debtor failed to indicate intent to reaffirm or redeem.
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Consumer case opionion summary, case decided on February 06,2008, LexisNexis #0308-107

Kokkena v. Klages (In re Klages)

Appellant debtor challenged a decision of the Bankruptcy Court for the Southern District of Iowa that revoked his discharge for knowingly and fraudulently failing to turn over a tax refund to the chapter 7 Trustee. The issue was whether the bankruptcy court erred when it concluded that the debtor's failure to turn over his tax refund was done knowingly and fraudulently.
Ruling: 
Bankruptcy court properly denied discharge based on debtor's knowing and fraudulent failure to turn over tax refunds.
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Consumer case opionion summary, case decided on January 31,2008, LexisNexis #0208-083

Miranda v. Doral Fin. Corp. (In re Marrero)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor, claiming that a mortgage the creditor held on a Chapter 7 debtor's residence was avoidable under 11 U.S.C. § 549. The U.S. Bankruptcy Court for the District of Puerto Rico awarded the trustee summary judgment and subsequently overruled the creditor's objections to the trustee's notice of intent to sell the debtor's residence. The creditor appealed.
Ruling: 
Postpetition refinance obtained without leave of court could be avoided by trustee.
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Consumer case opionion summary, case decided on January 22,2008, LexisNexis #0208-138

Hupp v. Educational Credit Mgmt. Corp. (In re Hupp)

Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C.S. § 523(a)(8). The Bankruptcy Court for the Southern District of California, inter alia, denied the debtor's summary judgment motion focused on constitutional issues. The debtor appealed.
Ruling: 
Denial of summary judgment in student loan dischargeability proceeding was not appropriate for interlocutory appeal.
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Consumer case opionion summary, case decided on January 18,2008, LexisNexis #0308-119

Holcomb v. Hardeman (In re Holcomb)

Appellant debtors sought review of an order of the Bankruptcy Court for the Western District of Oklahoma, which concluded, pursuant to 11 U.S.C. § 362(c)(3)(A), that the automatic stay imposed on the filing of their chapter 13 case terminated with respect to the estate property on the 30th day after the initiation of their case.
Ruling: 
Automatic stay in debtor's second case did not terminate thirty days after petition date with regard to estate property.
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Consumer case opionion summary, case decided on January 07,2008, LexisNexis #0108-113

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