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Sternklar v. Heritgage Auction Galleries Inc. (In re Paul)

Plaintiff chapter 7 trustee and debtor sued defendant coin dealers, alleging, inter alia, breach of an employment agreement and fraudulent and preferential transfers of assets under a business relationship between the debtor and the dealers. Seeking to enforce arbitration clauses contained within various documents the debtor executed, the dealers moved to dismiss or stay and compel arbitration, or to dismiss pursuant to Fed. R. Civ. P. 9(b).
Ruling: 
Fraud claims brought under Bankruptcy Code were not arbitrable.
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Consumer case opionion summary, case decided on November 04,2008, LexisNexis #1208-067

In re Soncrant

Before the court was the United States Trustee's (UST) motion to dismiss for abuse brought under 11 U.S.C.S. § 707(b)(2) and (b)(3) At a hearing, the court granted debtors leave to file an amended Form 22A, chapter 7 Statement of Current Monthly Income and Means Test Calculation. After reviewing the amended Form 22A, the UST withdrew his motion to dismiss under § 707(b)(2) and was proceeding only under § 707(b)(3).
Ruling: 
U.S. Trustee's motion to dismiss chapter 7 case for abuse based solely on allegedly unreasonable mortgage expense denied.
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Consumer case opionion summary, case decided on November 03,2008, LexisNexis #0909-015

King v. United States (In re King)

Defendants, the United States, the Internal Revenue Service (IRS), and two IRS agents, filed a motion to dismiss plaintiff chapter 13 debtors' action, which alleged willful violation of the automatic stay of 11 U.S.C.S. § 362, intentional infliction of emotional distress, and negligent infliction of emotional distress.
Ruling: 
Debtors' proceeding against IRS for willful violation of stay dismissed.
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Consumer case opionion summary, case decided on November 03,2008, LexisNexis #0109-040

In re Smith

A debtor filed for relief under chapter 7 of the Bankruptcy Code. A trustee filed a motion for turnover of real estate commissions, pursuant to 11 U.S.C.S. §§ 541 and 542, claiming that the debtor earned the commissions prior to filing for bankruptcy and that the commissions were property of the estate.
Ruling: 
Real estate commissions earned prior to petition date were property of the estate and subject to turnover.
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Consumer case opionion summary, case decided on October 31,2008, LexisNexis #1208-096

In re Scalise

The trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy case for failure to comply with 11 U.S.C.S. § 521(a)(1)(B)(iv) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Ruling: 
Case dismissed due to debtor's failure to provide paystub covering petition date.
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Consumer case opionion summary, case decided on October 30,2008, LexisNexis #0109-011

DeHart v. Baden (In re Baden)

The chapter 13 trustee filed an objection to the confirmation of the debtors' chapter 13 plan. The trustee asserted that the debtors' improperly excluded unemployment compensation that the husband received under the Social Security Act in the calculation of current monthly income (CMI). The trustee contended that this treatment of unemployment compensation violated 11 U.S.C.S. § 1322(a)(1).
Ruling: 
Confirmation denied due to debtor's exclusion of unemployment compensation from current monthly income calculation.
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Consumer case opionion summary, case decided on October 30,2008, LexisNexis #0109-023

Neary v. Guilleet (In re Guillet)

Plaintiff sued defendant chapter 7 debtors, seeking to deny the entry of a discharge pursuant to 11 U.S.C.S. §§ 727(a)(2), (a)(3), or (a)(5) because of the debtors'involvement in an apparent Nigerian money scam. The court held a trial.
Ruling: 
Debtor's transfer of funds to Nigerian scam was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on October 29,2008, LexisNexis #0109-035

In re Briann

Creditor, as servicer for a mortgage lender, filed two proofs of claim: one for a second mortgage and one for a third mortgage. The creditor objected to confirmation of the debtor's proposed chapter 13 plan on the ground that the debtor failed to provide for full payment of its two fully secured claims. The creditor had also obtained a judgment against the debtor. The debtor objected to the creditor's proofs of claim.
Ruling: 
Debtor could not limit creditor's claim to amount in settlement that was never finalized.
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Consumer case opionion summary, case decided on October 29,2008, LexisNexis #1208-077

Radloff v. Ewing (In re Ewing)

Plaintiff, a chapter 7 trustee, filed a complaint to revoke a discharge granted to defendant debtor, or alternatively, for turnover against the debtor. The court held a trial and issued findings of fact and conclusions of law.
Ruling: 
Discharge revoked due to debtor's failure to turn over tax refund to trustee.
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Consumer case opionion summary, case decided on October 28,2008, LexisNexis #0109-070

Texas Bonding Co. v. Ramirez (In re Ramirez)

Defendant debtor was appointed as administratrix of a deceased's estate, and plaintiff company issued an $18,000 bond. A state court awarded a judgment for $41,061 against the debtor and in favor of a successor administratrix, and for $ 18,000 jointly and severally in favor of the successor and the company. The company and the successor filed adversary proceedings for non- dischargeability and filed motions for summary judgment.
Ruling: 
Debt owed by former fiduciary of decedent's estate due to unauthorized dispostions of estate property was nondischargeable.
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Consumer case opionion summary, case decided on October 28,2008, LexisNexis #0109-013

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