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Beaumont v. United States ex. Dept. of Veterans Affairs (In re Beaumont)

In an appeal from an adversary proceeding, appellant debtor sought judicial review of the bankruptcy court's finding that the recoupment and offset of his disability benefits by appellee, the United States of America, ex rel., Department of Veterans Affairs (VA), did not violate the automatic stay provision of 11 U.S.C.S. § 362 nor the discharge order entered in his bankruptcy case under 11 U.S.C.S. § 524.
Ruling: 
Recoupment and offset of disability benefits by Department of Veterans Affairs did not violate stay.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-027

Ruhl v. HSBC Mortg. Servs.

Appellant chapter 13 debtors challenged decisions of the bankruptcy court for the Eastern District of Wisconsin, which granted appellee lenders'motions to dismiss the debtors'adversary proceedings on the grounds that their claims were barred by the principle of finality embodied in 11 U.S.C.S. § 1327(a). The cases were consolidated on appeal.
Ruling: 
Debtors could not contest interest on mortgage arrears that they themselves proposed to pay in their confirmed plans.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0209-033

Stickrath v. Globalstar Inc.

Plaintiff consumer sued defendant corporation under Cal. Bus. & Prof. Code § 17200 et seq., and Cal. Civ. Code § 1750 et seq., and alleged that its failure to disclose known defects in its service prevented him from using the service as intended. The consumer sought to represent a nationwide class of individuals who purchased a satellite telephone from the corporation between April 2003 and 2007. The corporation moved for summary judgment.
Ruling: 
Claims reasonably within consumer's contemplation prior to debtor corporation's discharge order were discharged.
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Commercial case opionion summary, case decided on December 22,2008, LexisNexis #0209-022

Lodge at Sonterra Ltd. v. PNC Fin. Servs. Group Inc.

Plaintiffs, 23 limited partnerships and an individual, sued defendants, a financial services company, a bank, and two limited liability companies (LLC), in state court. The financial services company and the bank removed the case to federal court pursuant to 28 U.S.C.S. §§ 1334(b) and 1452(a). They moved to transfer the case to bankruptcy court and for an order to implement Local Rule 83.4.1. The partnerships and the LLCs moved to remand.
Ruling: 
Claims related to bankruptcy of management company but that were not core matters remanded to state court.
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Commercial case opionion summary, case decided on December 17,2008, LexisNexis #0209-035

Dumas v. Sabre Group LLC

Appellant debtor had challenged an order of the U.S. Bankruptcy Court for the Northern District of Illinois, Eastern Division, modifying the automatic stay issued pursuant to 11 U.S.C.S. § 362 and remanding previously removed tax proceedings to an Illinois state court for further consideration on a finding that abstention was proper. Appellee creditor moved to dismiss the appeal as moot.
Ruling: 
Appeal of abstention ruling dismissed as moot where underlying bankruptcy case had been dismissed.
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Consumer case opionion summary, case decided on December 10,2008, LexisNexis #0109-041

Walton v. Cornerstone Ministries Inc.

Appellant, the United States trustee, appealed from an order of the Bankruptcy Court for the Northern District of Georgia that denied without prejudice his request for the appointment of an examiner to investigate debtor's alleged improper business dealings. The parties disputed whether 11 U.S.C.S. § 1104(c)(2) was mandatory or discretionary.
Ruling: 
Appointment of examiner mandatory where chapter 11 debtor's fixed, liquidated unsecured debts exceeded $5 million threshold.
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Commercial case opionion summary, case decided on December 05,2008, LexisNexis #0109-086

Ivester v. Miller

Appellant attachment lienors challenged a decision of the Bankruptcy Court for the Middle District of North Carolina, which denied the lienors relief from the automatic stay of 11 U.S.C.S. § 362 in order to prosecute a pre-petition state court action against the debtor.
Ruling: 
Bankruptcy court did not err in denying relief from stay to allow creditor to pursue prepetition state court action.
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Consumer case opionion summary, case decided on December 04,2008, LexisNexis #0109-072

Garcia-Lawson v. Garland

Appellant chapter 13 debtor moved for a temporary restraining order and sanctions against appellee husband's attorneys, alleging that 11 U.S.C.S. § 362 imposed an automatic stay on the civil proceedings for dissolution of marriage. The bankruptcy court denied the Fed. R. Bankr. P. 8003 motion, the husband's motion for relief from the automatic stay, and the attorneys' motion to quash subpoenas. The debtor moved for leave to appeal the orders.
Ruling: 
Stay applied to marriage dissolution action only to extent property of the estate would be distributed.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0109-043

Baldwin v. Celli (In re Baldwin)

Appellants, debtors, filed a notice of appeal from a memorandum decision and order of the bankruptcy court which denied confirmation of debtors'chapter 13 Plan (Plan) because they failed to include all disposable income in their Plan. Appellee trustee opposed debtors'appeal.
Ruling: 
Website did not provide appropriate method for calculating tax expense for Form B22C.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0109-090

Lebbos v. Schuette

Appellant, the debtor in the underlying bankruptcy, sought review of an order of the Bankruptcy Court for the Eastern District of California, that approved the settlement and compromise under Fed. R. Bankr. P. 9019, by appellee trustee of a civil rights assault and battery suit that the debtor had failed to list as an asset of her estate.
Ruling: 
Approval of settlement of unlisted civil rights assualt and battery case affirmed.
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Consumer case opionion summary, case decided on December 02,2008, LexisNexis #0109-099

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