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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

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

Tower Credit Inc. v. Touchet (In re Touchet)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). The creditor should have proceeded under 11 U.S.C.S. §523(a)(2)(B) because the debtor's credit application was in writing. However, the evidence amended the creditor's complaint to include a cause of action under 11 U.S.C.S. §523(a)(2)(B).
Ruling: 
Auto loan debt was nondischargeable due to debtor's misrepresentations during application process.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #0109-078

In re Horrobin

A creditor objected to a debtor's chapter 13 plan based upon the treatment of its claim.
Ruling: 
Debtor's surrender of 910 vehicle did not bar creditor from seeking deficiency.
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Consumer case opionion summary, case decided on August 04,2008, LexisNexis #1008-126

Brooke Credit Corp. v. Lobell (In re Lobell)

Plaintiff creditor sued defendant chapter 7 debtor, an insurance agent who had been a franchisee of the creditor and received financing from the creditor, seeking to prevent the discharge of debtor and to except her debt to it from discharge on several grounds.
Ruling: 
Debtor's conversion of collateral with intention of harming creditor resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on June 19,2008, LexisNexis #1108-078

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

In re Stewart

In connection with an objection filed by a chapter 13 debtor to the second amended claim of a mortgagee, the court ordered the mortgagee to produce documents pertaining to the amounts described therein and considered the proper disposition of the objection under Fed. R. Bankr. P. 3001. At issue, inter alia, was the propriety of charges for inspection fees, appraisal fees, other charges, attorneys fees and costs, and certain "escrow advances."
Ruling: 
Mortgagee's claims for improper fees disallowed and damages assessed for duplicitous and misleading conduct.
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Consumer case opionion summary, case decided on April 10,2008, LexisNexis #0808-128

In re Musgrove

Debtors and debtors in possession filed a motion seeking authority for the debtors to transfer and convey, by dation en paiement, their residence to a bank, the holder of two perfected mortgages, free and clear of all liens and encumbrances.
Ruling: 
Conveyance of debtor's residence to bank by dation en paiement approved.
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Consumer case opionion summary, case decided on April 08,2008, LexisNexis #0508-112

In re Grant

A bankruptcy debtor moved to convert his case from chapter 7 to chapter 13, and the trustee and a creditor objected to conversion on the ground that the debtor was not seeking conversion in good faith.
Ruling: 
Conversion to chapter 13 denied due to debtor's bad faith.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-048