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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

Crawford v. Credit Acceptance Corp. (In re Crawford)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor secured by the debtor's vehicle, seeking a determination that the creditor violated the automatic bankruptcy stay by failing to repair a disabling device installed on the vehicle by the creditor. The debtor sought damages and attorney fees under 11 U.S.C.S. § 362(k) for the creditor's willful violation of the stay.
Ruling: 
Creditor's failure to repair auto disabling device was a willful violation of stay entitling debtor to damages.
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Consumer case opionion summary, case decided on December 24,2008, LexisNexis #0209-108

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

In re Crome

Pursuant to 11 U.S.C.S. §§ 362(a)(6) and (k), the pro se debtors filed a motion for sanctions against their gas service provider for denial of residential gas service after their chapter 7 bankruptcy filing.
Ruling: 
Creditor did not violate stay by terminating gas price after illegal tampering with meter.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0409-110

ColeMichael Invs. LLC v. Burke (In re Burke)

Plaintiff creditor filed an adversary action with respect to a chapter 7 bankruptcy involving defendant debtor, seeking a finding that a debt reflected by a default judgment entered by the District Court of Dallas County, Texas, was not dischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The creditor filed a motion for judgment on the pleadings.
Ruling: 
Dischargeability of state court judgment could be countered by debtor where necessary factual issues were not definitively adjudicated.
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Consumer case opionion summary, case decided on December 18,2008, LexisNexis #0209-047

In re Duncan

Bankruptcy debtors asserted that a holder of a second mortgage against the debtors' residence was wholly unsecured because the value of the residence was less than the amount due on a first mortgage. The debtors moved to strip off the holder's second mortgage pursuant to 11 U.S.C.S. § 506(d).
Ruling: 
Debtor could not "strip off" second mortgage that was at least partially secured.
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Consumer case opionion summary, case decided on December 17,2008, LexisNexis #0309-080

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

In re Brandon

A chapter 13 trustee objected to the confirmation of a debtor's plan, rebutting the debtor's disposable income determination under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Above-median debtor required to commit to plan period of 60 months.
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Consumer case opionion summary, case decided on December 16,2008, LexisNexis #0209-059

Oak Street Funding LLC v. Brown (In re Brown)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6). The debtor moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim.
Ruling: 
Debtor company president's knowledge of company affairs was insufficient to establish fiduciary position that would support finding of nondischargeability.
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Consumer case opionion summary, case decided on December 12,2008, LexisNexis #0209-118

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

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