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Park v. Chan (In re Chan)

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment that the debtor had to repay money the creditor invested in the debtor's business, and a judgment that the debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), (a)(4), (a)(6) and (a)(19). The debtor contested her liability and the nondischargeability of the debt, and she filed a counterclaim and a third-party complaint.
Ruling: 
Creditor's investment in debtor's business was nondischargeable due to debtor's misrepresentations.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-117

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

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

In re Rickert

The debtors filed for relief under chapter 12 of the Bankruptcy Code. The debtors filed a motion for permanent treatment of a claim under 11 U.S.C.S. § 1222 and an amended objection by the Internal Revenue Service (IRS).
Ruling: 
Postpetition taxes arising from sale of debtor's farm assets were unsecured nonpriority claims.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-126

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

In re Beaza

The trustee moved to dismiss the debtors'chapter 7 petition, based on the debtors'claim of certain deductions on Official Bankr. Form 22A (the Means Test), either as a presumed abuse of chapter 7 pursuant to 11 U.S.C.S. § 707(b)(2), or alternatively as an abuse of chapter 7 based on the totality of the circumstances of the debtors'financial situation pursuant to 11 U.S.C.S. § 707(b)(3).
Ruling: 
Case ordered converted or dismissed on totality of circumstances where debtors proposed surrendering collateral to satisfy most of secured debt.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-014

Smith v. Pritchett (In re Smith)

Appellant debtor challenged the Bankruptcy Court for the District of New Hampshire's order overruling his objection to the proof of claim filed by appellee, his former spouse, and denying his motion to avoid her lien.
Ruling: 
Penalties for late alimony payments were not domestic support obligations and related lien was avoidable.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0309-001

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

Sensenich v. Ledyard Natl Bank (In re Campbell)

Plaintiffs debtor and trustee sued defendant creditor alleging violation of 11 U.S.C.S. § 362(a)(3). The second count alleged that the creditor's actions in destroying estate property were willful violations of the automatic stay, which entitled plaintiffs to punitive damages under § 362(k). Plaintiffs also sought a remedy under the court's civil contempt powers. Pending were the creditor's summary judgment motion and plaintiffs'cross-motions.
Ruling: 
Creditor's destruction of estate property was a willful violation of stay.
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Consumer case opionion summary, case decided on December 24,2008, LexisNexis #0209-005

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

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