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McDow v. Daniels-Brown (In re Daniels-Brown)

Movant United States Trustee (UST) filed a motion to dismiss a chapter 7 debtor's case under 11 U.S.C.S. § 707(b), claiming that allowing the debtor to discharge her debts would have been an abuse of the bankruptcy system.
Ruling: 
Case dismissed for abuse where debtor overstated expenses and understated projected tax refund.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #0109-019

In re Calhoun

A United States Trustee (UST) filed a motion, pursuant to 11 U.S.C.S. § 707(b)(1), to dismiss the debtors'chapter 7 bankruptcy case for abuse under § 707(b)(3).
Ruling: 
Case ordered dismissed or converted for abuse where debtors improperly deducted Social Security income on schedules I and J to shield disposable income from creditors.
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Consumer case opionion summary, case decided on November 10,2008, LexisNexis #0109-084

In re Spruch

Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A creditor filed an objection to confirmation of the debtors'plan, claiming that the debtors failed to apply all of their projected disposable income to their unsecured debt, as required by 11 U.S.C.S. § 1325(b), and that they violated § 1325(a)(3) and (7) because they did not file their bankruptcy action and their plan in good faith.
Ruling: 
Plan not filed in bad faith where debtors would have negative disposable income even if payment on luxury vehilce was eliminated.
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Consumer case opionion summary, case decided on November 10,2008, LexisNexis #0109-025

Barber v Herold (In re Herold)

Defendant debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff trustee filed an amended complaint against the debtor, seeking denial of a discharge under 11 U.S.C.S. § 727(a)(2) and (6)(A).
Ruling: 
Discharge denied due to efforts to defraud creditor and trustee.
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Consumer case opionion summary, case decided on November 10,2008, LexisNexis #1208-122

Bank of Castille v. Kjoller (In re Kjoller)

Plaintiff bank filed an adversary proceeding against defendant debtor requesting that the court determine that the debt due to the bank on its business loan was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4). Debtor filed a motion to dismiss the dischargeability proceeding. Subsequently, without permission of the court or consent of debtor, the bank filed an amended complaint, which added a second cause of action pursuant to § 523(a)(6).
Ruling: 
Claims relating to debtor's embezzlement and larceny were nondischargeable.
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Consumer case opionion summary, case decided on November 10,2008, LexisNexis #0109-015

In re West

A chapter 13 debtor filed a pro se motion to disgorge fees, requesting that all of her attorney's fees be disgorged pursuant to 11 U.S.C.S. § 105 and § 329, and Fed. R. Bankr. P. 2017.
Ruling: 
Debtor's attorneys'fees ordered disgorged due to inadequate representation.
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Consumer case opionion summary, case decided on November 10,2008, LexisNexis #0109-101

In re Roll

Bankruptcy debtors shared a residence with one debtor's adult relative and the debtors filed separate bankruptcy petitions. The trustee asserted that the income of both debtors should be considered together in each debtor's case, and the trustee moved to dismiss the debtors' cases based on the presumption of bankruptcy abuse under 11 U.S.C.S. § 707(b). The bankruptcy court conducted a preliminary hearing.
Ruling: 
Trustee lacked expense information to establish that cases of debtors who lived together but filed separately should be dismissed for abuse.
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Consumer case opionion summary, case decided on November 10,2008, LexisNexis #0409-010

In re Royal

This matter came before the court on the objection to claim of exemption filed by the chapter 13 trustee, objecting to debtor's claimed exemption in her anticipated earned income tax credit. The trustee also raised an oral objection to confirmation of debtor's plan on the grounds that by excluding future earned income tax credits, debtor was not committing all projected disposable income to her plan.
Ruling: 
Confirmation denied where trustee rebutted presumption of accuracy of projected disposable income showing debtor was not committing sufficient income to plan.
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Consumer case opionion summary, case decided on November 07,2008, LexisNexis #0109-062

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

Jefferson v. Midwest Urological Group Ltd. (In re Jefferson)

After receiving a discharge, plaintiff chapter 7 debtor sued defendant medical services provider, alleging that the provider violated the automatic stay and the discharge injunction by continuing to attempt to collect a debt, and seeking compensatory damages, attorney fees, and punitive damages. The provider failed to appear or file a responsive pleading. The debtor moved for a default judgment.
Ruling: 
Violation of discharge injunction did not merit punitive damages absent evidence of financial loss.
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Consumer case opionion summary, case decided on November 07,2008, LexisNexis #1208-083

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