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In re Mravik

The trustee, asked the court to dismiss debtor's chapter 7 petition for abuse under 11 U.S.C.S. § 707(b)(1), 707(b)(2), or 707(b)(3). At issue was whether debtor's ongoing contribution to a so-called "I.R.C. § 457" pension plan sponsored by her public employer constituted "abuse" authorizing dismissal of her petition.
Ruling: 
Debtor's ongoing contribution to 457 pension plan did not require dismissal for abuse.
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Consumer case opionion summary, case decided on December 31,2008, LexisNexis #0209-080

Crawford v. Credit Acceptance Corp. (In re Crawford)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor secured by the debtor's vehicle, seeking a determination that the creditor violated the automatic bankruptcy stay by failing to repair a disabling device installed on the vehicle by the creditor. The debtor sought damages and attorney fees under 11 U.S.C.S. § 362(k) for the creditor's willful violation of the stay.
Ruling: 
Creditor's failure to repair auto disabling device was a willful violation of stay entitling debtor to damages.
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Consumer case opionion summary, case decided on December 24,2008, LexisNexis #0209-108

In re Crome

Pursuant to 11 U.S.C.S. §§ 362(a)(6) and (k), the pro se debtors filed a motion for sanctions against their gas service provider for denial of residential gas service after their chapter 7 bankruptcy filing.
Ruling: 
Creditor did not violate stay by terminating gas price after illegal tampering with meter.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0409-110

ColeMichael Invs. LLC v. Burke (In re Burke)

Plaintiff creditor filed an adversary action with respect to a chapter 7 bankruptcy involving defendant debtor, seeking a finding that a debt reflected by a default judgment entered by the District Court of Dallas County, Texas, was not dischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The creditor filed a motion for judgment on the pleadings.
Ruling: 
Dischargeability of state court judgment could be countered by debtor where necessary factual issues were not definitively adjudicated.
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Consumer case opionion summary, case decided on December 18,2008, LexisNexis #0209-047

In re Duncan

Bankruptcy debtors asserted that a holder of a second mortgage against the debtors' residence was wholly unsecured because the value of the residence was less than the amount due on a first mortgage. The debtors moved to strip off the holder's second mortgage pursuant to 11 U.S.C.S. § 506(d).
Ruling: 
Debtor could not "strip off" second mortgage that was at least partially secured.
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Consumer case opionion summary, case decided on December 17,2008, LexisNexis #0309-080

In re Brandon

A chapter 13 trustee objected to the confirmation of a debtor's plan, rebutting the debtor's disposable income determination under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Above-median debtor required to commit to plan period of 60 months.
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Consumer case opionion summary, case decided on December 16,2008, LexisNexis #0209-059

Oak Street Funding LLC v. Brown (In re Brown)

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)(4) and § 523(a)(6). The debtor moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim.
Ruling: 
Debtor company president's knowledge of company affairs was insufficient to establish fiduciary position that would support finding of nondischargeability.
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Consumer case opionion summary, case decided on December 12,2008, LexisNexis #0209-118

In re Alejandro

The debtors moved for confirmation of their proposed chapter 13 plan. A creditor and the chapter 13 Trustee filed objections. The order scheduling trial required all parties to jointly file appropriate stipulations of fact, witness, and exhibit lists no later than seven days prior to the scheduled trial. The debtor, the Trustee, and the creditor all failed to file the required joint submissions by the deadline.
Ruling: 
Confirmation denied where debtors, trustee and objecting creditor all failed to comply with scheduling order.
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Consumer case opionion summary, case decided on December 06,2008, LexisNexis #0308-092

Target Natl Bank v. Redmond (In re Redmond)

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)(1) and /or (2). The debtor failed to respond to the complaint or to the clerk's entry of default. The creditor moved for a default judgment in its favor.
Ruling: 
Credit card charge used to pay property tax was nondischargeable.
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Consumer case opionion summary, case decided on November 26,2008, LexisNexis #0309-009

First Natl Bank v. Bingaman (In re Bingaman)

Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a determination that a debt the debtors owed the bank was nondischargeable. The case was tried to the court.
Ruling: 
Debtors' withdrawal of funds from guardian account for daughter resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0109-014

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