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In re Cox

Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. Thirteen months later, they filed a motion to dismiss their bankruptcy case, and the court granted their motion and directed distribution of the funds. The debtors filed a motion for an order requiring the chapter 13 trustee to turn over funds. The trustee opposed the motion.
Ruling: 
Settlement funds from lawsuit pending on petition date were property of the estate and could not be turned over to chapter 13 debtor upon voluntary dismissal.
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Consumer case opionion summary, case decided on January 04,2008, LexisNexis #0208-075

In re Orzel

The creditor, the attorney who had represented the debtor spouse in their recent divorce proceeding, filed a claim in the amount of $ 1,734.99, and the proof of claim stated that it was entitled to priority as a claim for alimony, maintenance or support owed to a spouse, former spouse, or child pursuant to 11 U.S.C.S. § 507(a)(7) as written prior to October 17, 2005. The debtors objected to the priority status of the claim.
Ruling: 
Divorce related debt owed directly to debtor spouse's attorney was not entitled to priority.
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Consumer case opionion summary, case decided on January 04,2008, LexisNexis #0308-129

In re Osborne

Creditor filed a motion to deny the debtors their discharge under 11 U.S.C. § 727(a), to except their debt from discharge under 11 U.S.C. § 523(a)(6), or to revoke the debtors'discharge under 11 U.S.C. § 727(d).
Ruling: 
Creditor that knew of debtors' fraud prior to chapter 7 case could not seek revocation of discharge.
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Consumer case opionion summary, case decided on January 03,2008, LexisNexis #0208-032

Schnittjer v. Pickens (In re Pickens)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, the parents of one of the debtors, seeking to avoid transfers made to them pursuant to 11 U.S.C. § 547(b). The parents asserted affirmative defenses under 11 U.S.C. § 547(c)(1), (c)(2), (c)(4) and (c)(9).
Ruling: 
Payments to debtor's parent for charges on credit cards were avoidable.
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Consumer case opionion summary, case decided on January 03,2008, LexisNexis #0208-008

Fokkena v. Huynh (In re Huynh)

Defendant debtor filed a petition under chapter 7, and plaintiff chapter 7 trustee was appointed to represent the bankruptcy estate. The trustee filed an adversary proceeding against the debtor, seeking judgment denying the debtor's discharge under 11 U.S.C. § 727(a)(2), (3), (4), (5) and (7).
Ruling: 
Discharge denied due to debtor's failure to explain loss of assets purchased on credit.
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Consumer case opionion summary, case decided on January 03,2008, LexisNexis #0208-031

Miller v. Martin (In re Gross)

In an earlier proceeding the court entered judgment in favor of plaintiff trustee against defendant transferee, in the amount of $13,806, plus interest, and avoiding a mortgage to the transferee on the grounds that the transactions were preferential, pursuant to 11 U.S.C. § 547. The trustee filed a motion for interest, and to amend the judgment to include costs and prejudgment interest from the date of demand of disgorgement.
Ruling: 
Trustee awarded costs on avoidance of portion of prepetition transfer declared preferential.
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Consumer case opionion summary, case decided on January 02,2008, LexisNexis #0208-105

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