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Jenkins v. Miley (In re Miley)

Plaintiff creditor filed an adversary proceeding against defendant chapter 13 debtor, seeking a judgment that $ 10,950 of a workers' compensation judgment he obtained was entitled to priority under 11 U.S.C.S. § 507(a)(4). The court entered a judgment denying the creditor's complaint, and the creditor filed a motion for a rehearing and asked the court to provide its reasons for denying his complaint.
Ruling: 
Workers' compensation judgment was not entitled to priority status.
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Consumer case opionion summary, case decided on October 22,2008, LexisNexis #0109-046

Commission for Lawyer Discipline v. Neely (In re Neely)

Plaintiff Texas Commission for Lawyer Discipline (CLD) filed an adversary proceeding against defendant chapter 7 debtor, seeking an adjudication that judgments it held were not dischargeable under 11 U.S.C.S. § 523(a)(7), and denying the debtor's discharge under 11 U.S.C.S. § 727. The case was tried to the court.
Ruling: 
Debtor lawyer's discharge denied due to fraudulent concealment and transfers.
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Consumer case opionion summary, case decided on October 10,2008, LexisNexis #1208-032

In re Pearce

Debtor filed a petition under chapter 13 of the Bankruptcy Code and objected to four claims that were filed against her bankruptcy estate. The court sustained the debtor's objection to three of the four claims and took under advisement the question of whether one of the creditors should be sanctioned for filing its proof of claim.
Ruling: 
Court declined to sanction creditor that purchased claims from original creditor for filing proofs of claim.
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Consumer case opionion summary, case decided on October 01,2008, LexisNexis #0109-098

In re Alcazar

Creditor filed a motion to determine the inapplicability of automatic stay or, alternatively, for relief from the automatic stay. The debtor filed an objection. At the hearing, the court determined that no stay was in effect, and the parties agreed to treat the debtor's objection to the motion for relief from the stay as a complaint to avoid the sale of property pursuant to 11 U.S.C.S. §§ 547 or 548.
Ruling: 
Winning bid at foreclosure sale constituted reasonably equivalent value.
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Consumer case opionion summary, case decided on April 14,2008, LexisNexis #0608-014