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In re Mravik

The trustee, asked the court to dismiss debtor's chapter 7 petition for abuse under 11 U.S.C.S. § 707(b)(1), 707(b)(2), or 707(b)(3). At issue was whether debtor's ongoing contribution to a so-called "I.R.C. § 457" pension plan sponsored by her public employer constituted "abuse" authorizing dismissal of her petition.
Ruling: 
Debtor's ongoing contribution to 457 pension plan did not require dismissal for abuse.
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Consumer case opionion summary, case decided on December 31,2008, LexisNexis #0209-080

In re Lowery

Eight years after a bankruptcy debtor was granted a discharge and her case was closed, the debtor moved to reopen the case pursuant to 11 U.S.C.S. § 350(b) in order to schedule a previously undisclosed personal injury claim for administration in the case.
Ruling: 
Bankruptcy court declined to reopen case to administer debtor's previously concealed personal injury claim.
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Consumer case opionion summary, case decided on December 31,2008, LexisNexis #0209-026

Shulkin Hutton Inc. v. Treiger (In re Owens)

Appellant, a law firm creditor of a debtor, sought review of a decision of the Ninth Circuit Bankruptcy Appellate Panel (BAP), which affirmed a bankruptcy court's dismissal of the debtor's chapter 11 case based on a determination that it was filed in bad faith under 11 U.S.C.S. § 1112(b).
Ruling: 
Chapter 11 case filed just prior to court ordered sale of home in debtor's divorce properly dismissed for bad faith.
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Consumer case opionion summary, case decided on December 31,2008, LexisNexis #0209-017

In re Wait

The chapter 7 trustee objected to the debtor's claim of a homestead exemption under Iowa Code §§ 499A.18, 561.16, 561.19, and 561.20. The debtor moved for abandonment of property, asserting that the mortgage encumbering the property was an executory contract under 11 U.S.C.S. § 365(d)(1), and because the trustee did not assume or reject it, it was deemed rejected.
Ruling: 
Mortgage is not an executory contract and need not be assumed or rejected by trustee.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-006

Parker v. Pettigrew (In re Osterwalder)

Plaintiff trustee filed an adversary proceeding against defendants, an attorney and the professional businesses for which he worked, alleging a legal malpractice claim. The trustee's claims arose out of the attorney's legal representation of the debtor in the underlying chapter 7 bankruptcy case and an earlier chapter 11 bankruptcy case. The trustee moved for default judgment under Fed. R. Civ. P. 55, made applicable by Fed. R. Bankr. P. 7055.
Ruling: 
Default judgment granted to trustee in legal malpractice proceeding against debtor's attorneys.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0909-026

Conley v. Smith (In re Smith)

Defendant debtor appealed from an order of the bankruptcy court for the Northern District of Ohio that granted summary judgment to plaintiff creditor, an attorney who had represented the debtor in a prior criminal proceeding, in a nondischargeability action under 11 U.S.C.S. § 523(a)(2)(A). The debtor challenged the holding that he was collaterally estopped from relitigating the issue of fraud.
Ruling: 
State court fraud determination was binding on bankruptcy court in nondischargeability proceeding.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-010

Parks v. FIA Card Servs. (In re Marshal)

The district court for the District of Kansas affirmed a decision of a bankruptcy court that payments made by debtors within 90 days preceding the filing of their chapter 7 petition from one set of credit card accounts to credit card accounts with appellee, the creditor's successor, were not avoidable preferential transfers under 11 U.S.C.S. § 547(b) as urged by appellant, the bankruptcy trustee. The trustee appealed.
Ruling: 
Bankruptcy and district courts erred in holding that credit card balance transfers were not avoidable preferential transfers.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-030

French v. Cahill (In re Cahill)

Defendant debtors filed a petition under chapter 7 of the Bankruptcy Code and plaintiff trustee was appointed to represent the bankruptcy estate. The trustee filed an action against the debtors, seeking a judgment declaring that an Economic Stimulus Rebate (ESR) in the amount of $ 1,200 the debtors received from the government was property of the debtors'bankruptcy estate. The trustee filed a motion for summary judgment.
Ruling: 
Economic stimulus rebate was property of the estate as debtor filed petition after effective date of Stimulus Act.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-119

In re Michaud

In three chapter 13 cases, the trustee objected to confirmation of the debtors'chapter 13 plans on the grounds that the debtors were not using all of their disposable income to fund their chapter 13 plans, as required by 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Confirmation denied due to debtor's failure to devote income tax refund to plan.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-130

Bedra v. Direct Loan Serv. Sys. (In re Bedra)

Plaintiff debtor filed a complaint to determine the dischargeability of a student-loan obligation under 11 U.S.C.S. § 523(a)(8). Defendant creditor/bank field a motion for summary judgment. Although the debtor requested and was then granted an extension of time in which to respond, no response was filed.
Ruling: 
Debtor granted additional extension of time to respond to student loan creditor's motion for summary judgment due to possible oversight of counsel.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0909-027

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