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Park v. Chan (In re Chan)

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment that the debtor had to repay money the creditor invested in the debtor's business, and a judgment that the debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), (a)(4), (a)(6) and (a)(19). The debtor contested her liability and the nondischargeability of the debt, and she filed a counterclaim and a third-party complaint.
Ruling: 
Creditor's investment in debtor's business was nondischargeable due to debtor's misrepresentations.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-117

JPMorgan Chase Bank. V. Tamis (In re Tamis)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtors'fiduciary defalcation. The bankruptcy court conducted a trial.
Ruling: 
Debt of shareholders and officers who were fiduciaries of corporation was dischargeable absent proof of dereliction.
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Consumer case opionion summary, case decided on December 17,2008, LexisNexis #0209-137

In re Aulicino

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and movant, the debtor's former spouse, filed a motion for relief from the automatic stay that was imposed when the debtor declared bankruptcy. The chapter 7 trustee opposed the motion, claiming that he had an interest under 11 U.S.C.S. § 544(a)(3) in a house the debtor and her former spouse owned as tenants by the entireties that trumped the former spouse's interest.
Ruling: 
Tenancy by the entireties interest in property prevented trustee from claiming interest.
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Consumer case opionion summary, case decided on December 02,2008, LexisNexis #0309-121

In re Buccolo

Debtor filed a petition under chapter 13 of the Bankruptcy Code and subsequently obtained permission to convert her case to one under chapter 7. The debtor filed a motion under 11 U.S.C.S. § 706(a), seeking permission to reconvert her chapter 7 case to a chapter 13 case. The chapter 7 trustee and a creditor objected to the debtor's motion, questioning the debtor's good faith and the feasibility of her chapter 13 plan.
Ruling: 
Reconversion from chapter 7 to chapter 13 denied as proposed plan was not filed in good faith and was not feasible.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0109-068

Bryen v. United States (In re Bryen)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant United States seeking a determination that the debtor's tax liability to the government was discharged. The government moved for summary judgment on the ground that collateral estoppel established that the debtor willfully attempted to evade the taxes, which rendered the tax debt nondischargeable under 11 U.S.C.S. § 523(a)(1)(C).
Ruling: 
Prior actions in which debtor was not fully represented or which determined debtor did not engage in sham transactions did not establish dischargeability of tax debt.
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Consumer case opionion summary, case decided on November 24,2008, LexisNexis #0909-032

Evans v. Deutsche Bank Natl Trust Co. (In re Evans)

Plaintiffs filed an adversary proceeding for an order declaring that defendant bank's mortgage was not enforceable on its face and avoiding the mortgage under the trustee's strong-arm powers in 11 U.S.C.S. § 544(a).
Ruling: 
Invalidly executed mortgage could be avoided by trustee.
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Consumer case opionion summary, case decided on November 20,2008, LexisNexis #0209-012

In re Janssen

A bankruptcy debtor whose case was closed asserted that his mortgagee initiated foreclosure proceedings against him in violation of the terms of his confirmed chapter 13 plan which was binding on the mortgagee. The debtor moved to reopen his bankruptcy case to prosecute an adversary proceeding against the mortgagee and obtain equitable relief.
Ruling: 
Debtor granted leave to reopen chapter 13 case to file adversary proceeding against mortgage creditor that commenced foreclosure in violation of terms of confirmed plan.
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Consumer case opionion summary, case decided on November 07,2008, LexisNexis #0909-034

In re Brunson

Following plan confirmation, a creditor filed a motion for relief from the automatic stay in a debtor's chapter 13 bankruptcy case based on the debtor's failure to make any post- petition payments to the creditor.
Ruling: 
Postconfirmation motion for relief from stay denied due to application of res judicata.
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Consumer case opionion summary, case decided on November 06,2008, LexisNexis #1208-130

DeHart v. Baden (In re Baden)

The chapter 13 trustee filed an objection to the confirmation of the debtors' chapter 13 plan. The trustee asserted that the debtors' improperly excluded unemployment compensation that the husband received under the Social Security Act in the calculation of current monthly income (CMI). The trustee contended that this treatment of unemployment compensation violated 11 U.S.C.S. § 1322(a)(1).
Ruling: 
Confirmation denied due to debtor's exclusion of unemployment compensation from current monthly income calculation.
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Consumer case opionion summary, case decided on October 30,2008, LexisNexis #0109-023

In re Burch

Movants, a real estate broker and a landlord, filed a motion for relief from the automatic stay under 11 U.S.C.S. § 363(d)(1), or in the alternative for declaratory relief, to allow the landlord to exercise state law remedies against the chapter 13 debtor/tenant.
Ruling: 
Relief from stay granted to allow landlord to enforce prepetition notice to quit against debtor Section 8 tenant on grounds of expiration of lease.
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Consumer case opionion summary, case decided on October 22,2008, LexisNexis #0209-107

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