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Rodriguez v. DaimlerChrysler Fin. Servs. Americas LLC (In re Bremer)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid a lien as a preference under 11 U.S.C.S. § 547(b). The trustee contended that the transfer of the lien against the debtor's vehicle was untimely perfected. The trustee moved for partial summary judgment.
Ruling: 
Trustee entitled to avoid nonpossessory lien interest although recovery of value not necessary.
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Consumer case opionion summary, case decided on August 29,2008, LexisNexis #1008-046

In re Vogeler

The United States Trustee filed a motion to dismiss a chapter 7 debtor's bankruptcy case pursuant to 11 U.S.C.S. § 707(b), alleging that the totality of the circumstances demonstrated abuse under § 707(b)(3).
Ruling: 
Case dismissed for abuse where debtor failed to use postpetition lottery winnings to reduce debts.
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Consumer case opionion summary, case decided on August 28,2008, LexisNexis #1008-122

In re Hoss

In two cases, the trustees objected to confirmation of chapter 13 plans because debtors had proposed to deduct as expenses, on Line 47 of Official Bankr. Form B22C, secured debt payment amounts on original, unmodified contracts despite the fact that the actual sums to be paid on the subject debts was being reduced by cram-down or strip-off. At issue was the proper interpretation of 11 U.S.C.S. § 1325(b)(1)(B) and 11 U.S.C.S. § 707(b)(2)(A)(iii).
Ruling: 
Above-median debtors intending to retain collateral can deduct only amounts likely to be paid to secured creditors under plan.
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Consumer case opionion summary, case decided on August 20,2008, LexisNexis #0908-015

In re Parker

The successor creditor, the successor in interest to the original creditor of the debtor, moved to reopen the debtor's chapter 7 bankruptcy case, and moved for relief from a judgment entered in favor of the debtor and against the creditors seven years prior based on violations of the automatic stay and the discharge injunction, which judgment the creditor claimed was void, under Fed. R. Civ. P. 60(b)(4).
Ruling: 
Case reopened after seven years and sanctions for stay violation vacated due to improper service.
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Consumer case opionion summary, case decided on August 14,2008, LexisNexis #1108-069

Distad v. United States (In re Distad)

Plaintiff debtor, appearing pro se, brought claims against defendant United States Internal Revenue Service (IRS) alleging that its efforts to collect his 1992 income tax liability, which was discharged in bankruptcy, constituted a violation of his bankruptcy discharge injunction under 11 U.S.C.S. § 524(a). The court considered what remedies were available to the taxpayer.
Ruling: 
Post-Young efforts by IRS to collect taxes owed outside of revised look-back period violated stay.
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Consumer case opionion summary, case decided on August 08,2008, LexisNexis #0808-135

Beaumont v. United States (In re Beaumont)

Plaintiff Chapter 7 debtor filed an adversary proceeding against defendant United States Government, seeking a judgment finding that the U.S. Department of Veterans Affairs (VA) violated 11 U.S.C.S. §§ 362 and 524 when it withheld disability benefits after he declared bankruptcy. The case was tried to the court.
Ruling: 
Withholding of benefits by U.S. Department of Veterans Affairs did not violate stay due to debtor's failure to fulfill obligation to report finances.
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Consumer case opionion summary, case decided on August 07,2008, LexisNexis #0908-019

In re Espinoza

After debtors, a married couple, sought confirmation of their proposed chapter 13 plan, a secured creditor filed an objection claiming that the plan was not properly confirmed because it failed to provide for "equal monthly payments" in an amount sufficient to adequately protect the creditor's interests during the term of the plan. At issue was whether, notwithstanding that objection, the plan complied with 11 U.S.C.S. § 1325(a)(5)(B)(iii)(I).
Ruling: 
Plan proposing "step up" in monthly payments to secured creditor could not be confirmed.
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Consumer case opionion summary, case decided on August 01,2008, LexisNexis #0808-120

In re Espinoza

A creditor objected to the confirmation of the debtors' proposed chapter 13 plan on the ground that the plan's unequal monthly payments did not comply with 11 U.S.C.S. § 1325(a)(4)(B)(iii)(I).
Ruling: 
Plan calling for two-tiered payments did not meet requirement of equal monthly payments on allowed secured claims and could not be confirmed.
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Consumer case opionion summary, case decided on August 01,2008, LexisNexis #1008-015

In re DeThample

Debtors, a husband and wife, filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A bankruptcy trustee was appointed to represent the bankruptcy estate, and she filed an objection to the debtors' plan, claiming, inter alia, that it should not be confirmed because the debtors failed to include a disbursement the wife received from a 401(k) plan when they calculated their projected disposable income.
Ruling: 
Singular nonrecurring 401(k) distribution could be overlooked in computing debtors' current monthly income.
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Consumer case opionion summary, case decided on July 24,2008, LexisNexis #0908-014

In re Rule

A creditor filed an objection to confirmation of the debtors' chapter 13 plan based on the plan's treatment of its 910-car claim.
Ruling: 
Debtor could not surrender "910" vehicle in full satisfaction of secured claim.
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Consumer case opionion summary, case decided on July 02,2008, LexisNexis #0808-050

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