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In re Carter

After the debtors' chapter 13 plan was confirmed, their attorney filed a motion to approve his request for additional attorney fees and costs. The debtors objected to the application.
Ruling: 
Motion for payment of postdischarge attorneys' fees from debtors' estate denied.
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Consumer case opionion summary, case decided on November 07,2008, LexisNexis #0409-024

LeRette v. Anderson (In re Anderson)

Plaintiff creditor filed a complaint asserting that defendant debtor should be denied a discharge under 11 U.S.C.S. § 727 because of inaccuracies and/or false statement in the debtor's schedules.
Ruling: 
Discharge denied due to inaccuracies and false statements in schedules.
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Consumer case opionion summary, case decided on November 06,2008, LexisNexis #1208-125

In re Reid

A debtor filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed an application for compensation, seeking $59,498 in fees and $1,787 in expenses, pursuant to 11 U.S.C.S. § 330. The debtor filed an objection to the application.
Ruling: 
Trustee's fee application approved with only minor reduction as justified by extensive work on behalf of noncooperative debtor.
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Consumer case opionion summary, case decided on November 06,2008, LexisNexis #1208-134

In re Brunson

Following plan confirmation, a creditor filed a motion for relief from the automatic stay in a debtor's chapter 13 bankruptcy case based on the debtor's failure to make any post- petition payments to the creditor.
Ruling: 
Postconfirmation motion for relief from stay denied due to application of res judicata.
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Consumer case opionion summary, case decided on November 06,2008, LexisNexis #1208-130

In re Powell

A bankruptcy debtor claimed exemptions of specific amounts in real properties, and there were no objections to the exemptions. The debtor moved to avoid a judicial lien pursuant to 11 U.S.C.S. § 522(f)(1) as impairing the debtor's exemptions, but the lienholders claimed that their lien did not impair the exemptions to the extent of the debtor's unexempted equity in the properties.
Ruling: 
Judicial lien avoided as totally impairing debtor's possible exemption.
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Consumer case opionion summary, case decided on November 06,2008, LexisNexis #0409-045

In re Borowie

The chapter 7 trustee sought to compel the debtor to turnover the value of funds which the debtor had on deposit in his checking account at the moment of his bankruptcy filing. The central issue was whether a post-petition disposition of assets in good faith would absolve the debtor of the duty to surrender property as required under 11 U.S.C.S. § 521(a)(4).
Ruling: 
Trustee could recover value of debtor's prepetition check that cleared postpetition.
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Consumer case opionion summary, case decided on November 05,2008, LexisNexis #0109-012

Wharton v. Shiver (In re Shiver)

Plaintiffs, creditors, filed an adversary proceeding against defendant debtor seeking a determination that their debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The creditors had obtained a Florida state court default judgment for fraud and contended that the full faith and credit statute, 28 U.S.C.S. § 1738, required that the Florida fraud judgment be given preclusive effect. The parties filed cross-motions for summary judgment.
Ruling: 
State default judgment in fraud case was "fully litigated" and determinative of nondischargeability of debt.
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Consumer case opionion summary, case decided on November 05,2008, LexisNexis #1208-080

In re Bolar

Debtor filed a petition under chapter 13 and a plan for repaying his creditors. The debtor's ex-wife filed a claim against the debtor's bankruptcy estate and an objection to confirmation of the debtor's plan. The debtor filed an objection to his ex-wife's claim.
Ruling: 
Outstanding debt relating to debtor's attempts to divide marital property with former spouse was not entitled to priority status.
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Consumer case opionion summary, case decided on November 05,2008, LexisNexis #0409-078

In re Harter

The United States Trustee filed a motion to dismiss a chapter 7 debtor's case for abuse pursuant to 11 U.S.C.S. § 707(b)(1), § 707(b)(2), and § 707(b)(3).
Ruling: 
Case dismissed for abuse due to debtor's excessive automotive expenditures.
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Consumer case opionion summary, case decided on November 05,2008, LexisNexis #0109-053

In re Violanti

The United States Trustee (UST) filed a motion to dismiss a debtor's chapter 7 bankruptcy case for abuse, pursuant to 11 U.S.C.S. § 707(b)(1) and (3).
Ruling: 
Case dismissed for abuse due to housing and transportation costs in excess of allocations.
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Consumer case opionion summary, case decided on November 04,2008, LexisNexis #0109-054

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