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Stoiber v. Preboski (In re Stoiber)

Defendant creditor filed a motion for summary judgment in plaintiff chapter 7 debtor's pro se action, which sought damages for violation of the automatic stay of 11 U.S.C.S. § 362 and for violation of the Fair Debt Collection Practices Act, 15 U.S.C.S. § 1692.
Ruling: 
Debtor collaterally estopped from claiming creditor violated stay based on prior judgment in favor of creditor's attorney.
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Consumer case opionion summary, case decided on July 25,2008, LexisNexis #0908-110

In re Taylor

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed a motion to dismiss the debtors' case, claiming that the debtors were not eligible for Chapter 13 relief because their noncontingent, liquidated debts exceeded the debt limits allowed by 11 U.S.C.S. § 109(e).
Ruling: 
Guarantees were noncontingent liquidated debts causing debtor to exceed chapter 13 limits.
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Consumer case opionion summary, case decided on July 25,2008, LexisNexis #1008-002

In re Kahl

A debtor originally filed for relief under chapter 7 of the Bankruptcy Code, and filed a motion to convert the case to a chapter 13 proceeding. A chapter 7 trustee objected to the proposed conversion because the trustee contended that the debtor had failed to disclose important information in the schedules that he filed.
Ruling: 
Conversion to chapter 11 approved based on potential return to creditors despite incomplete schedules and disclosures.
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Consumer case opionion summary, case decided on July 24,2008, LexisNexis #1008-004

Brown v. Affiliated Computer Servs.

Plaintiff chapter 7 trustee filed a tort action in state court against defendants. The matter was removed to federal court. The trustee filed a motion to remand the case to the state court.
Ruling: 
Equitable remand of estate's tort action was appropriate.
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Consumer case opionion summary, case decided on July 21,2008, LexisNexis #0808-053

Murrietta v. Fehrs (In re Fehrs)

Plaintiff bankruptcy trustee brought adversary proceedings against defendant bankruptcy debtor seeking to revoke the debtor's discharge for fraud under 11 U.S.C.S. § 727(d) and to avoid a transfer of property as constructively fraudulent under 11 U.S.C.S. § 548(a). Plaintiff creditor brought an adversary proceeding to revoke the debtor's discharge, and the adversary proceedings were consolidated for trial.
Ruling: 
Avoidance of undisclosed prepetition transfer to debtor's son avoided, but not grounds for revocation of discharge.
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Consumer case opionion summary, case decided on July 18,2008, LexisNexis #0908-140

Krommenhoek v. Bankruptcy Estate of Pfankuch Food Servs. Inc. (In re Pfankuch)

Plaintiff chapter 13 trustee and defendant chapter 7 trustee each filed motions for summary judgment in the chapter 13 trustee's action, seeking to obtain a declaratory judgment that monies paid by a lessor to the chapter 7 trustee constituted property of the chapter 13 bankruptcy estate, and not that of the chapter 7 bankruptcy estate, and requiring that the chapter 7 trustee turn over those funds to the chapter 13 trustee.
Ruling: 
Avoidable past due rent was properly turned over to estate of chapter 13 parent company that made payment on behalf of chapter 7 lessee.
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Consumer case opionion summary, case decided on July 15,2008, LexisNexis #1208-118

Gugino v. GMAC (In re Laursen)

Plaintiff trustee filed an adversary proceeding to avoid, pursuant to 11 U.S.C.S. § 544(a)(1), defendant creditor's security interest as unperfected when the debtor filed the chapter 7 petition.
Ruling: 
Typographical error in certificate of title did not render security interest in motor vehicle avoidable as improperly perfected.
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Consumer case opionion summary, case decided on June 26,2008, LexisNexis #1108-124

In re Smith

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor, claiming that the debtor committed libel. Three months after he filed his adversary proceeding, the creditor filed a motion to stay the adversary proceeding, and he moved for relief from the automatic stay that was imposed under 11 U.S.C.S. § 362 so he could proceed with a libel action he filed against the debtor in state court. The debtor opposed the motions.
Ruling: 
Creditor with personal injury tort claim denied relief from stay.
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Consumer case opionion summary, case decided on June 24,2008, LexisNexis #0908-112

Espinosa v. United States Aid Funds Inc.

Plaintiff debtor petitioned a bankruptcy court for an order holding defendant creditor in contempt for violating a discharge injunction, under 11 U.S.C.S. § 524(a)(2). The creditor cross-moved for relief from the bankruptcy court's order confirming a chapter 13 bankruptcy plan. The bankruptcy court held that the creditor violated the discharge injunction. The United States District Court for the District of Arizona reversed. The debtor appealed.
Ruling: 
Finding that student loan creditor violated discharge injunction reversed and remanded as contrary to terms of debtor's plan.
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Court: 9th Circuit ( ) [ Circuit Court ]
Consumer case opionion summary, case decided on June 24,2008, LexisNexis #0708-102

Stoiber v. Galpern (In re Stoiber)

Plaintiff debtor reopened his bankruptcy case and filed an adversary proceeding seeking civil sanctions against defendant, his former wife's attorney for violation of the automatic stay and for damages under the Fair Debt Collection Practices Act (FDCPA). The attorney argued that the debtor had failed to give him notice of the bankruptcy filing, that when he received notice her ceased collection efforts, and filed a motion for summary judgment.
Ruling: 
Claim for violation of Fair Debt Collection Practices Act based solely on stay violation was superseded by the bankruptcy code and dismissed for lack of evidence.
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Consumer case opionion summary, case decided on June 18,2008, LexisNexis #0908-040

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