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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

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

Carroll v. Sanders (In re Sanders)

Appellant, a chapter 13 bankruptcy trustee, sought review of a judgment from the district court for the Eastern District of Michigan which reversed the bankruptcy court's denial of appellee debtor's request for a discharge after concluding that 11 U.S.C.S. § 1328(f)(1) did not bar the discharge.
Ruling: 
Four year discharge ban runs from petition date of original chapter 7 case, not from date of discharge.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-020

United States v. Bauer

Defendants, a former husband and wife, were convicted in the district court for the District of Minnesota under 18 U.S.C.S. §§ 152(1) and (2), 153, and 1956(a)(1)(A)(i) and (c)(7)(D) of bankruptcy fraud and money laundering. Defendants appealed.
Ruling: 
Bankruptcy fraud conviction based on nondisclosure of insurance proceeds and conversion of IRA to cash affirmed.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-034

McGuire v. United States

Plaintiff claimant, a bankrupt farmer, sought review of a judgment from the District Court for the District of Arizona which rejected the bankruptcy court's recommendation of a damage award to plaintiff on his inverse condemnation claim against defendant United States. The district court agreed with the bankruptcy court that the Government's actions could qualify as a regulatory taking but held that plaintiff's claim was not ripe for review.
Ruling: 
Sovereign immunity barred bankruptcy court from considering debtor's taking claim against the Bureau of Indian Affairs under the Tucker Act.
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Consumer case opionion summary, case decided on December 24,2008, LexisNexis #0109-105

Hersh v. United States

The district court for the Northern District of Texas held that 11 U.S.C.S. § 526(a)(4) was facially unconstitutional. Defendant, the United States, appealed this ruling. The district court also held that attorneys qualified a debt relief agencies under 11 U.S.C.S. § 101(12A), and that 11 U.S.C.S. § 527(b) did not violate the First Amendment. Plaintiff, a bankruptcy attorney, cross-appealed these rulings.
Ruling: 
Section 526(a)(4) prohibits only counseling that would lead to abuse of bankruptcy system and is not facially unconstitutional.
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Consumer case opionion summary, case decided on December 18,2008, LexisNexis #0209-011

Ross-Tousey v. Neary (In re Ross-Tousey)

Appellant debtors filed a chapter 7 bankruptcy petition. Appellee, the United States Trustee (UST), moved under 11 U.S.C.S. § 707(b) to dismiss the petition. The bankruptcy court denied the motion, and the District Court for the Eastern District of Wisconsin reversed and remanded. The debtors appealed.
Ruling: 
District court erred in reversing bankruptcy court finding that debtor could take deduction for vehicle owned free and clear.
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Consumer case opionion summary, case decided on December 17,2008, LexisNexis #0109-085

LPP Mortg. Ltd. v. Brinley

Defendant chapter 7 debtors sought review of the U.S. District Court for the Western District of Kentucky at Louisville's opinion and order affirming a bankruptcy court's order which allowed plaintiff trustee to revoke his 11 U.S.C.S. § 554(c) abandonment of their real property.
Ruling: 
Trustee properly allowed to revoke technical abandonment of property to preserve unencumbered equity.
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Consumer case opionion summary, case decided on November 24,2008, LexisNexis #1208-137

Busseto Foods Inc. v. Laizure (In re Laizure)

Appellant creditor contended that a payment it made to a bankruptcy trustee was a repayment of funds embezzled by the appellee debtor, the creditor's former controller and chief financial officer, and thus a nondischargeable claim. The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held that 11 U.S.C.S. § 502(h) only allowed the creditor to bring a claim against the bankruptcy estate and not against the debtor. The creditor appealed.
Ruling: 
Creditor had valid claim for funds embezzled by debtor, despite prior disallowance, as recovery by trustee restored claim to prepetition status.
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Consumer case opionion summary, case decided on November 17,2008, LexisNexis #1208-135

Hamilton v. Lannging (In re Lannging)

Appellant bankruptcy trustee objected to a bankruptcy debtor's proposed plan which calculated projected disposable income under 11 U.S.C.S. § 1325(b)(1)(B) based on expected future income rather than historical income. The trustee appealed the judgment of the Bankruptcy Appellate Panel for the Tenth Circuit which affirmed confirmation of the debtor's plan.
Ruling: 
Calculation of projected disposable income adjusting for future lower income was proper.
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Consumer case opionion summary, case decided on November 13,2008, LexisNexis #1208-089

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