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In re Smith

The court supplemented its previous findings of fact and conclusions of law concerning the application for administrative expenses in the amount of $ 15,158.73, including $ 3,930.70 in attorneys fees and expenses and $ 7,200.00 in expert consultant fees, filed by the debtor pursuant to 11 U.S.C.S. § 503(b). The debtor incurred the expenses while the estate was closed, prior to the case being reopened upon discovery of the underlying lawsuit.
Ruling: 
Debtor allowed administrative expense claim for fees and costs of lawsuit that benefitted the estate.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0109-045

Washington Mutual Bank v. Heard (In re Heard)

Defendant debtor filed a chapter 13 bankruptcy petition. Plaintiff creditor filed an adversary proceeding against the debtor, contending that the debtor should have been denied a chapter 7 discharge under 11 U.S.C.S. § 727(a)(2)(A), (a)(2)(B), (a)(3), and (a)(4)(A). The creditor alleged that the debtor transferred stock and failed to disclose the existence of and transfers to and from a family trust with the intent to defraud creditors.
Ruling: 
Discharge denied due to failure to disclose transfer to undisclosed family trust.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0909-017

In re Vaughn

A debtor filed for relief under chapter 7. A trustee filed an objection to the debtor's claimed exemptions and sought to deny or surcharge the debtor's exemptions pursuant to 11 U.S.C.S. § 105(a).
Ruling: 
Bankruptcy court declined to exercise powers to surcharge debtor's exemptions for administrative expenses.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0409-106

First Natl Bank v. Bingaman (In re Bingaman)

Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a determination that a debt the debtors owed the bank was nondischargeable. The case was tried to the court.
Ruling: 
Debtors' withdrawal of funds from guardian account for daughter resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0109-014

Newman v. United States (In re Newman)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant United States alleging that the government violated the discharge injunction of 11 U.S.C.S. § 524(a) by attempting to collect additional tax liabilities after the debtor provided for and paid taxes for the tax years in question under the debtor's confirmed chapter 11 plan. The government moved for summary judgment.
Ruling: 
Government's attempts to collect nondischargeable tax debt did not violate discharge injunction.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0309-032

In re White

A debtor filed for relief under chapter 13 of the United States Bankruptcy Code, and a plan was confirmed. The debtor filed a motion to modify her confirmed plan. The confirmed plan provided for the surrender of a vehicle secured by a creditor, with leave for the creditor to file a deficiency claim after disposition of the collateral. The creditor filed an objection to the modified plan.
Ruling: 
Debtor could not reclassify claim secured by "910 vehicle" through modification of confirmed plan.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0109-064

In re Carlton

The debtors filed for relief under chapter 13 of the Bankruptcy Code and filed a proposed chapter 13 plan. A creditor objected to confirmation of the plan because the plan bifurcated the creditor's claim into secured and unsecured components.
Ruling: 
Inclusion of negative equity in "910 vehicle" loan did not affect purchase money status or protection from bifurcation.
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Consumer case opionion summary, case decided on November 24,2008, LexisNexis #0309-021

Bryen v. United States (In re Bryen)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant United States seeking a determination that the debtor's tax liability to the government was discharged. The government moved for summary judgment on the ground that collateral estoppel established that the debtor willfully attempted to evade the taxes, which rendered the tax debt nondischargeable under 11 U.S.C.S. § 523(a)(1)(C).
Ruling: 
Prior actions in which debtor was not fully represented or which determined debtor did not engage in sham transactions did not establish dischargeability of tax debt.
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Consumer case opionion summary, case decided on November 24,2008, LexisNexis #0909-032

In re Johnson

The chapter 11 trustee applied under 11 U.S.C.S. § 327(e) to employ debtors' counsel for the specified special purpose of performing transition services he had requested. As finally adjusted, the 11 U.S.C.S. § 330(a)(1) fee request sought a total of $ 179,894, including the $ 3,857 incurred at the request of the chapter 11 trustee after counsel's § 327(a) employment ended and $ 1625 for preparation and prosecution of the final fee application.
Ruling: 
Employment of debtor's attorney by chapter 11 trustee for transition services approved.
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Consumer case opionion summary, case decided on November 21,2008, LexisNexis #0109-071

Marby v. United States Dept of Educ. Natl Payment Ctr. (In re Marby)

Plaintiff debtor filed an adversary proceeding seeking a determination that the student loan debts he incurred were included in his chapter 7 discharge pursuant to 11 U.S.C.S. § 523(a)(8).
Ruling: 
Homeless and unemployed debtor granted undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on November 21,2008, LexisNexis #0109-102

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