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In re Cutaia

Chapter 7 trustee filed an adversary proceeding against chapter 7 debtor, seeking an order denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2)(B) and (a)(4)(A). The case was tried to the court.
Ruling: 
Discharge denied due to debtor's postpetition sale of watch.
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Consumer case opionion summary, case decided on December 11,2008, LexisNexis #0409-127

Goldberg v. Clay (In re Smith)

Plaintiff chapter 7 trustee sought the disgorgement of a referral fee received in the post-petition period by defendant, chapter 7 debtor's bankruptcy attorney, on the grounds that the fee was received in violation of 11 U.S.C.S. § 504(a).
Ruling: 
Referral fee paid to debtor's attorney upon settlement of debtor's civil action ordered disgorged.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0109-067

Neary v. Guillet (In re Guillet)

Plaintiff United States trustee filed a complaint against defendant chapter 7 debtors, a husband and wife, seeking to deny the entry of a chapter 7 discharge pursuant to 11 U.S.C.S. § 727(a)(2), § 727(a)(3), or § 727(a)(5).
Ruling: 
Debtor's questionable transfers of funds to Nigeria were not grounds for denial of discharge absent evidence of intent to defraud creditors.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0109-069

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 Almonte

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to confirmation of the debtor's chapter 13 plan, arguing, inter alia, that the plan could not be confirmed under 11 U.S.C.S. § 1325 because the debtor did not include credit card cash advances he received before he declared bankruptcy as part of his current monthly income (CMI).
Ruling: 
Credit card cash advances did not need to be included in projected disposable income calculation.
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Consumer case opionion summary, case decided on December 08,2008, LexisNexis #0109-063

In re Alejandro

The debtors moved for confirmation of their proposed chapter 13 plan. A creditor and the chapter 13 Trustee filed objections. The order scheduling trial required all parties to jointly file appropriate stipulations of fact, witness, and exhibit lists no later than seven days prior to the scheduled trial. The debtor, the Trustee, and the creditor all failed to file the required joint submissions by the deadline.
Ruling: 
Confirmation denied where debtors, trustee and objecting creditor all failed to comply with scheduling order.
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Consumer case opionion summary, case decided on December 06,2008, LexisNexis #0308-092

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 Arrigo

The matter came before the court on confirmation of the Second Amended Chapter 13 Plan filed by debtors, and the objection thereto filed by the Standing Chapter 13 Trustee.
Ruling: 
Trustee's objection to confirmation overruled as there was no substantial change in circumstances to warrant deviation from Form 22C projected disposable income calculation.
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Consumer case opionion summary, case decided on December 04,2008, LexisNexis #0209-129

In re Hall

Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A creditor filed an objection to the debtors' plan, claiming that the plan could not be approved because it proposed to cram down the creditor's interest in a vehicle the debtors purchased less than 910 days before they declared bankruptcy, in violation of 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Purchase money security interest in "910 vehicle," exclusive of negative equity, could not be crammed down.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0409-016

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

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