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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

Hastings v. Hastings (In re Hastings)

Plaintiff surety filed an adversary proceeding against defendant debtors to determine the dischargeability of a claim pursuant to 11 U.S.C.S. § 523(a)(4). The surety filed a motion for summary judgment.
Ruling: 
Debt owed to surety was nondischargeable to the extent debtors used trust res to make unauthorized payments.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0209-077

In re Porter

The court issued an order to a bank to show cause regarding provisions contained in a reaffirmation agreement between debtors, a married couple who filed a chapter 7 case, and the bank relative to a mortgage on the couple's residence. At issue was whether approval of the agreement was properly denied by reason of the bank's failure to obtain an order allowing postpetition fees and expenses under 11 U.S.C.S. § 506(b).
Ruling: 
Approval of reaffirmation agreement denied due to failure to seek allowance for postpetition attorneys'fees that were included.
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Consumer case opionion summary, case decided on December 22,2008, LexisNexis #0209-111

Moyers v. Fair Collections & Outsourcing Inc. (In re Moyers)

Plaintiff chapter 7 debtor filed an adversary proceeding against defendant collection agency, alleging that it attempted to collect a debt after she filed for bankruptcy, in violation of 11 U.S.C.S. § 362, and failed to timely update the status of that debt with credit reporting agencies. The collection agency moved for summary judgment.
Ruling: 
Creditor's month and one-half delay in updating debtor's status with credit reporting agency did not violate stay.
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Consumer case opionion summary, case decided on December 22,2008, LexisNexis #0309-137

Southhall v. Check Depot Inc. (In re Southhall)

Plaintiff debtor filed for chapter 13 relief. Defendant creditor filed an unsecured proof of claim, which included the debtor's full social security number. The debtor filed an adversary proceeding against the creditor, alleging violation of the Bankruptcy Code and contempt, invasion of privacy, and violation of the Gramm-Leach-Bliley Act (GLBA). The creditor moved to dismiss.
Ruling: 
Adversary proceeding based on creditor's inclusion of debtor's full social security number in its proof of claim dismissed as it did not violate bankruptcy code or rules in effect at the time of filing.
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Consumer case opionion summary, case decided on December 19,2008, LexisNexis #0209-037

Barsness v. Wishire Credit Corp. (In re Barsness)

Defendant lender foreclosed upon its mortgage several months before plaintiff debtor, acting pro se, filed a chapter 7 petition. Debtor filed a document seeking injunctive relief to stop the foreclosure action. The document was treated as a complaint to commence an adversary proceeding. The bankruptcy trustee filed a no-asset case notice. Debtor received a discharge. The case was closed. Debtor sought to dismiss the adversary proceeding.
Ruling: 
Adversary proceeding to stop foreclosure dismissed upon closing of debtor's no-asset case.
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Consumer case opionion summary, case decided on December 19,2008, LexisNexis #0209-061

In re McCully

The trustee opposed the motion of the debtors to modify their previously confirmed chapter 13 plan, pursuant to 11 U.S.C.S. §§ 1325(b)(4) and 1329(a)(2), so that they could decrease the number of their monthly plan payments.
Ruling: 
Co-debtors who fell below median income when one became unemployed were not bound by original above-median commitment period when seeking modification.
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Consumer case opionion summary, case decided on December 19,2008, LexisNexis #0209-058

In re Majors

A mortgage creditor filed a motion for relief from the automatic stay in order to proceed with the eviction/ejectment of the chapter 13 debtor from a residential property in a state court proceeding, under 11 U.S.C.S. § 362(d). The debtor argued that cause did not exist to modify the stay, and that he had sufficient equity in the property to warrant continued protection under the stay.
Ruling: 
Relief from stay to proceed with eviction denied where creditor was protected by equity cushion in property.
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Consumer case opionion summary, case decided on December 18,2008, LexisNexis #0209-040

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 Pick

The debtors filed for relief under chapter 13 of the Bankruptcy Code. The debtors filed a motion to approve the sale of real and personal property, pursuant to 11 U.S.C.S. § 363(f), and a creditor objected to the sale motions. A bank approved the proposed sale. The bank and the creditor both filed separate motions for relief from the stay and the debtors objected to the motions for relief from the stay.
Ruling: 
Approval of sale of property to debtor's son denied due to insufficient recovery for creditors.
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Consumer case opionion summary, case decided on December 18,2008, LexisNexis #0209-110

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