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In re Letterese

After debtor filed a notice of voluntary dismissal of his chapter 13 case, several creditors filed motions to convert the case to a chapter 7. At issue was whether 11 U.S.C.S. § 1307(b) endowed debtor with an absolute right to dismiss regardless of whether allegations of bad faith conduct were pending against debtor.
Ruling: 
Bad faith debtor not entitled to voluntary dismissal of chapter 13 case.
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Consumer case opionion summary, case decided on December 02,2008, LexisNexis #0109-058

In re Aulicino

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and movant, the debtor's former spouse, filed a motion for relief from the automatic stay that was imposed when the debtor declared bankruptcy. The chapter 7 trustee opposed the motion, claiming that he had an interest under 11 U.S.C.S. § 544(a)(3) in a house the debtor and her former spouse owned as tenants by the entireties that trumped the former spouse's interest.
Ruling: 
Tenancy by the entireties interest in property prevented trustee from claiming interest.
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Consumer case opionion summary, case decided on December 02,2008, LexisNexis #0309-121

In re Moreo

Plaintiff creditor filed an adversary proceeding against defendants, debtors, to deny the debtors their discharge under 11 U.S.C.S. §§ 727(a)(2)(A), 727(a)(3), 727(a)(4)(A), and 727(a)(5). The parties field cross-motions for summary judgment on the § 727(a)(3) and § 727(a)(4)(A) causes of actions.
Ruling: 
Failure of financially unsophisticated debtor to keep adequate business records was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on December 01,2008, LexisNexis #0109-055

A.J. Rinella & Co. v. Bartlett (In re Bartlett)

Plaintiff creditor, a produce distributor, brought an adversary proceeding against defendant bankruptcy debtors who operated a wholesale produce business, seeking a determination that a debt arising from the debtors' purchase of produce from the creditor was not dischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtors' fiduciary defalcation.
Ruling: 
Produce distributor's failure to retain sale proceeds in trust pursuant to Perishable Agricultural Commodities Act resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on December 01,2008, LexisNexis #0309-098

In re Hernandez

The United States Trustee filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C.S. § 707(b)(1), § 707(b)(2), and § 707(b)(3).
Ruling: 
Above-median debtor's discretionary reduction of hours worked and postpetition marriage were not special circumstances that would prevent abuse dismissal.
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Consumer case opionion summary, case decided on December 01,2008, LexisNexis #0209-122

In re Dean

Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A trustee was appointed to represent the bankruptcy estate, and the trustee and an unsecured creditor filed objections to confirmation of the debtors' plan.
Ruling: 
Chapter 13 plan confirmation denied subject to debtors filing amended Form 22C within 20 days.
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Consumer case opionion summary, case decided on November 30,2008, LexisNexis #0409-004

Tex-Link Communs. Inc. v. Lopez (In re Lopez)

Debtor filed a motion to set aside a default judgment taken against him by plaintiff pursuant to Fed. R. Bankr. P. 7055(c), on the grounds that service was improper under Fed. R. Bankr. P. 7004(b)(9).
Ruling: 
Electronic service of adversary complaint upon debtor's attorney was improper where attorney did not consent in writing.
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Consumer case opionion summary, case decided on November 26,2008, LexisNexis #0109-097

In re Jones

The debtors filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed an objection to property that the debtors claimed as exempt. After a hearing, the court issued findings of fact and conclusions of law.
Ruling: 
Objection to claimed homestead exemption overruled absent direct evidence of fraudulent intent in surrender of real property.
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Consumer case opionion summary, case decided on November 26,2008, LexisNexis #0209-116

Target Natl Bank v. Redmond (In re Redmond)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(1) and /or (2). The debtor failed to respond to the complaint or to the clerk's entry of default. The creditor moved for a default judgment in its favor.
Ruling: 
Credit card charge used to pay property tax was nondischargeable.
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Consumer case opionion summary, case decided on November 26,2008, LexisNexis #0309-009

In re Buccolo

Debtor filed a petition under chapter 13 of the Bankruptcy Code and subsequently obtained permission to convert her case to one under chapter 7. The debtor filed a motion under 11 U.S.C.S. § 706(a), seeking permission to reconvert her chapter 7 case to a chapter 13 case. The chapter 7 trustee and a creditor objected to the debtor's motion, questioning the debtor's good faith and the feasibility of her chapter 13 plan.
Ruling: 
Reconversion from chapter 7 to chapter 13 denied as proposed plan was not filed in good faith and was not feasible.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0109-068

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