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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

Caley v. Dannen

Plaintiff debtor brought claims against defendants, her former spouse, Sallie Mae Inc., which had consolidated their student loans, and the guarantor of the student loans. Sallie Mae and the guarantor moved for summary judgment on the claims.
Ruling: 
Placing nondischargeable student loan debt in default did not violate stay.
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Consumer case opionion summary, case decided on November 04,2008, LexisNexis #1108-136

Muhlheim Boyd LLP v. Miller (In re Ryan)

Appellants, a lawyer and a law firm, sought review of the orders of the United States Bankruptcy Court for the District of Oregon, which offered the firm the option of waiving its attorney fees as a condition of withdrawal as counsel or continuing representation of the debtor and the ability to seek fees.
Ruling: 
Counsel that was ordered to waive fee in order to withdraw offered opportunity to argue for supplement to fee on remand.
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Consumer case opionion summary, case decided on October 31,2008, LexisNexis #1108-107

Kasim v. Equifax Info. Servs. LLC

After appellant debtor received a chapter 11 discharge, he filed an action in the U.S. Bankruptcy Court for the District of Oregon alleging that appellee consumer reporting agencies (CRAs) violated the Fair Credit Reporting Act (FRCA), 15 U.S.C.S. § 1681 et seq. The bankruptcy court dismissed the action for lack of jurisdiction, and the debtor sought review of that decision.
Ruling: 
Bankruptcy court properly dismissed debtor's action under Fair Credit Reporting Act as non- core and lacking sufficient close nexus with bankruptcy.
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Consumer case opionion summary, case decided on October 28,2008, LexisNexis #1108-140

Fearing v. Serror (In re Fearing)

Appellant debtors challenged an order from a bankruptcy court that granted summary judgment in favor of appellee trustee in the trustee's action for declaratory relief. The trustee sought a determination that the debtors were not entitled to the proceeds from a personal injury settlement. The debtors filed a motion to alter and amend that judgment.
Ruling: 
Debtor's exempt personal injury settlement proceeds could be distributed to satisfy debt secured by tax lien.
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Consumer case opionion summary, case decided on October 21,2008, LexisNexis #1108-137

Suter v. Goedert

Chapter 7 debtors appealed a decision by a bankruptcy court which approved appellee law firm's offer to purchase a legal malpractice action the debtors filed against the law firm. The district court dismissed the debtors'appeal as moot, but the Court of Appeals for the Ninth Circuit reversed the district court's judgment and remanded the case for a hearing on the merits.
Ruling: 
Bankruptcy court did not abuse its discretion in approving sale of debtor's legal malpractice action to the defendant law firm.
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #1108-099

Johnson v. JPMorgan Chase Bank

Plaintiff consumer sued defendants, a bank, a debt collector and an individual, alleging various federal and state law claims in connection with the existence and collection of an alleged debt. The individual moved to dismiss the claims brought against him.
Ruling: 
Action based on nondischargeable prepetition claim filed after expiration of stay by creditor who did not receive notice of debtor's bankruptcy allowed to proceed.
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Consumer case opionion summary, case decided on October 03,2008, LexisNexis #1108-010

Lebos v. Schuette

Appellee trustee obtained court approval for the sale/compromise of appellant debtor's interest in a civil rights lawsuit. The debtor appealed the order to the court and then submitted an ex parte request to certify the appeal to the U.S. Court of Appeals for the Ninth Circuit under 28 U.S.C.S. § 158(d).
Ruling: 
District court denied application for certification of appeal of trustee's settlement of civil rights lawsuit.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1008-130

ATR-Kim Eng Fin. Corp. v. Bonilla

Appellant chapter 7 debtor challenged a decision of the United States Bankruptcy Court for the Northern District of California, which held that the debt arising from the debtor's breach of fiduciary duties as a Delaware corporate director was nondischargeable under 11 U.S.C.S. § 523(a)(4).
Ruling: 
Bankruptcy court properly held debt arising from fiduciary's failure to prevent majority shareholder and director from looting corporation was nondischargeable.
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Consumer case opionion summary, case decided on September 25,2008, LexisNexis #1108-043

Bruner v. Armstrong (In re Armstrong)

Plaintiff trustee filed an action against defendant chapter 13 debtors, seeking review of a decision by the Bankruptcy Court for the Eastern District of Washington which confirmed a plan the debtors proposed for repaying their creditors. The trustee claimed that the plan should not have been confirmed because it did not require the debtors to commit all their disposable income to the plan, as required by 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Above-median debtors entitled to claim monthly vehicle expense on two cars, one of which was owned free and clear.
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Consumer case opionion summary, case decided on September 24,2008, LexisNexis #1108-084

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