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In re Beaza

The trustee moved to dismiss the debtors'chapter 7 petition, based on the debtors'claim of certain deductions on Official Bankr. Form 22A (the Means Test), either as a presumed abuse of chapter 7 pursuant to 11 U.S.C.S. § 707(b)(2), or alternatively as an abuse of chapter 7 based on the totality of the circumstances of the debtors'financial situation pursuant to 11 U.S.C.S. § 707(b)(3).
Ruling: 
Case ordered converted or dismissed on totality of circumstances where debtors proposed surrendering collateral to satisfy most of secured debt.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-014

In re Cabrera-Mejia

The court issued an order to show cause why a law firm should not be subjected to sanctions for filing motions seeking relief from the automatic stay that was imposed after various debtors filed petitions under chapter 7 of the Bankruptcy Code.
Ruling: 
Law firm sanctioned for filing and then withdrawing numerous requests for relief from stay without conducting proper investigation into basis for motions.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0309-094

Brashers Sacramento Auto Auction Inc. v. Ahmed (In re Ahmed)

Plaintiff auto auction company filed a complaint to determine that certain debts owed by defendant debtor were nondischargeable in debtor's chapter 7 case pursuant to 11 U.S.C.S. § 523(a)(2), (a)(4) and (a)(6).
Ruling: 
Amounts owed by debtor auto dealer to auto sales company were nondischargeable due to theft of auto titles and willful and malicious wrongful sales to third parties.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0409-006

Ira v. Engle (In re Engle)

Plaintiff individual and representative creditors sued defendant chapter 11 debtor, seeking a declaration that certain debts were nondischargeable under 11 U.S.C.S. § 523, as well as a denial of discharge under 11 U.S.C.S. § 727. The debtor moved to dismiss the complaint, strike the creditors' exhibits, and for Fed. R. Civ. P. 11 sanctions. The creditors moved for leave to amend their complaint.
Ruling: 
Dischargeability proceeding filed by group of creditors dismissed where each properly had separate causes of action.
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Consumer case opionion summary, case decided on December 17,2008, LexisNexis #0209-044

In re Johnson

The debtors filed for relief under chapter 7. The United States Trustee filed a motion to dismiss the case under 11 U.S.C.S. § 707(b)(3).
Ruling: 
Excess secured debt on debtor's primary residence did not preclude relief in consumer case.
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Consumer case opionion summary, case decided on December 08,2008, LexisNexis #0409-056

In re Martello

A bankruptcy debtor sought confirmation of a chapter 13 plan which provided for payments on the debtor's nondischargeable student loan debt outside of the plan. The bankruptcy trustee objected to confirmation on the grounds that the plan unfairly discriminated against other unsecured creditors in violation of 11 U.S.C.S. § 1322(b)(1), and that the student loan debt did not constitute special circumstances under 11 U.S.C.S. § 707(b)(2)(B).
Ruling: 
Confirmation of plan calling for payment of student loan debt outside plan denied due to discrimination against other unsecured creditors.
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Consumer case opionion summary, case decided on December 05,2008, LexisNexis #0909-020

In re Polkus

Chapter 7 debtors sought the rescission of a reaffirmation agreement under 11 U.S.C.S. § 524(c)(4). The creditor objected, asserting that the debtors' rescission was untimely and that the creditor had not been properly noticed in writing of the debtors' rescission.
Ruling: 
Objection to debtor's recission of reaffirmation agreement overruled.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0109-050

In re Johnson

The chapter 11 trustee applied under 11 U.S.C.S. § 327(e) to employ debtors' counsel for the specified special purpose of performing transition services he had requested. As finally adjusted, the 11 U.S.C.S. § 330(a)(1) fee request sought a total of $ 179,894, including the $ 3,857 incurred at the request of the chapter 11 trustee after counsel's § 327(a) employment ended and $ 1625 for preparation and prosecution of the final fee application.
Ruling: 
Employment of debtor's attorney by chapter 11 trustee for transition services approved.
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Consumer case opionion summary, case decided on November 21,2008, LexisNexis #0109-071

In re Dowell

A secured creditor of a chapter 13 debtor sought pre and post-confirmation adequate protection under 11 U.S.C.S. § 363(e), based on the principal balance of its loan rather than the value of its collateral.
Ruling: 
Adequate protection payments on "910 vehicle" loan were properly based on value of vehicle, not outstanding balance.
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Consumer case opionion summary, case decided on November 19,2008, LexisNexis #0109-076

In re Smith

The matter came before the court on objections to confirmation of debtors'chapter 13 plan by the chapter 13 trustee (Trustee), the U.S. Trustee (UST) and a creditor.
Ruling: 
Deductions for expenses relating to property intended for surrender were not grounds for denial of confirmation.
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Consumer case opionion summary, case decided on November 14,2008, LexisNexis #0109-091

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