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Atlanta Contract Glazing Inc. v. Isaac (In re Swofford)

Subcontractor filed an action against debtor alleging that he was never paid for glass work that the subcontractor performed for the debtor and that the debt should be excepted from discharge under 11 U.S.C.S. § 523(a)(6). The debtor filed a motion to dismiss.
Ruling: 
Debt was dischargeable absent showing that debtor's failure to pay was willful or malicious.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0409-051

Hastings v. Hastings (In re Hastings)

Plaintiff surety filed an adversary proceeding against defendant debtors to determine the dischargeability of a claim pursuant to 11 U.S.C.S. § 523(a)(4). The surety filed a motion for summary judgment.
Ruling: 
Debt owed to surety was nondischargeable to the extent debtors used trust res to make unauthorized payments.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0209-077

Southhall v. Check Depot Inc. (In re Southhall)

Plaintiff debtor filed for chapter 13 relief. Defendant creditor filed an unsecured proof of claim, which included the debtor's full social security number. The debtor filed an adversary proceeding against the creditor, alleging violation of the Bankruptcy Code and contempt, invasion of privacy, and violation of the Gramm-Leach-Bliley Act (GLBA). The creditor moved to dismiss.
Ruling: 
Adversary proceeding based on creditor's inclusion of debtor's full social security number in its proof of claim dismissed as it did not violate bankruptcy code or rules in effect at the time of filing.
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Consumer case opionion summary, case decided on December 19,2008, LexisNexis #0209-037

In re Majors

A mortgage creditor filed a motion for relief from the automatic stay in order to proceed with the eviction/ejectment of the chapter 13 debtor from a residential property in a state court proceeding, under 11 U.S.C.S. § 362(d). The debtor argued that cause did not exist to modify the stay, and that he had sufficient equity in the property to warrant continued protection under the stay.
Ruling: 
Relief from stay to proceed with eviction denied where creditor was protected by equity cushion in property.
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Consumer case opionion summary, case decided on December 18,2008, LexisNexis #0209-040

In re Cutaia

Chapter 7 trustee filed an adversary proceeding against chapter 7 debtor, seeking an order denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2)(B) and (a)(4)(A). The case was tried to the court.
Ruling: 
Discharge denied due to debtor's postpetition sale of watch.
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Consumer case opionion summary, case decided on December 11,2008, LexisNexis #0409-127

In re Letterese

After debtor filed a notice of voluntary dismissal of his chapter 13 case, several creditors filed motions to convert the case to a chapter 7. At issue was whether 11 U.S.C.S. § 1307(b) endowed debtor with an absolute right to dismiss regardless of whether allegations of bad faith conduct were pending against debtor.
Ruling: 
Bad faith debtor not entitled to voluntary dismissal of chapter 13 case.
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Consumer case opionion summary, case decided on December 02,2008, LexisNexis #0109-058

In re Dean

Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A trustee was appointed to represent the bankruptcy estate, and the trustee and an unsecured creditor filed objections to confirmation of the debtors' plan.
Ruling: 
Chapter 13 plan confirmation denied subject to debtors filing amended Form 22C within 20 days.
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Consumer case opionion summary, case decided on November 30,2008, LexisNexis #0409-004

In re Vaughn

A debtor filed for relief under chapter 7. A trustee filed an objection to the debtor's claimed exemptions and sought to deny or surcharge the debtor's exemptions pursuant to 11 U.S.C.S. § 105(a).
Ruling: 
Bankruptcy court declined to exercise powers to surcharge debtor's exemptions for administrative expenses.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0409-106

Newman v. United States (In re Newman)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant United States alleging that the government violated the discharge injunction of 11 U.S.C.S. § 524(a) by attempting to collect additional tax liabilities after the debtor provided for and paid taxes for the tax years in question under the debtor's confirmed chapter 11 plan. The government moved for summary judgment.
Ruling: 
Government's attempts to collect nondischargeable tax debt did not violate discharge injunction.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0309-032

In re White

A debtor filed for relief under chapter 13 of the United States Bankruptcy Code, and a plan was confirmed. The debtor filed a motion to modify her confirmed plan. The confirmed plan provided for the surrender of a vehicle secured by a creditor, with leave for the creditor to file a deficiency claim after disposition of the collateral. The creditor filed an objection to the modified plan.
Ruling: 
Debtor could not reclassify claim secured by "910 vehicle" through modification of confirmed plan.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0109-064

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