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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

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

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

Musilli v. Droomers (In re Musilli)

Appellant chapter 7 debtors challenged a decision of the U.S. Bankruptcy Court for the Eastern District of Michigan, which granted summary judgment in favor of appellee, the estate representative for deceased judgment creditor, ruling that the debtors' obligations arising from a state court finding of contempt were nondischargeable under 11 U.S.C.S. § 523(a)(6), and , alternatively, denying a discharge of those debts under 11 U.S.C.S. § 727(a)(7).
Ruling: 
Law firm partners' discharge denied as they were insiders of debtor law firm and fraudulently transferred or concealed firm assets.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0309-050

Payne v. Wyeth Pharms. Inc.

In a negligence action brought by plaintiff, defendant filed a motion in limine to exclude plaintiff's medical bills.
Ruling: 
Medical bills discharged in bankruptcy could not be used as evidence of special damages in debtor's negligence action.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #1208-084

Nuvell Credit Co. v. Callicott (In re Callicott)

The appellant, the creditor holding the loan on appellee debtor's motor vehicle, sought review of an order of the bankruptcy court for the Eastern District of Missouri, that found the creditor held only an unsecured claim for the amount of the debtor's negative equity in her trade-in vehicle, which the creditor had added to the debtor's loan on her newly purchased vehicle, under the hanging paragraph of 11 U.S.C.S. § 1325(a).
Ruling: 
Bankruptcy court properly held that negative equity in "910 vehicle" loan was not included in creditor's purchase money security interest.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #1208-086

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