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Atlanta Contract Glazing Inc. v. Isaac (In re Swofford)

Subcontractor filed an action against debtor alleging that he was never paid for glass work that the subcontractor performed for the debtor and that the debt should be excepted from discharge under 11 U.S.C.S. § 523(a)(6). The debtor filed a motion to dismiss.
Ruling: 
Debt was dischargeable absent showing that debtor's failure to pay was willful or malicious.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0409-051

In re Cabrera-Mejia

The court issued an order to show cause why a law firm should not be subjected to sanctions for filing motions seeking relief from the automatic stay that was imposed after various debtors filed petitions under chapter 7 of the Bankruptcy Code.
Ruling: 
Law firm sanctioned for filing and then withdrawing numerous requests for relief from stay without conducting proper investigation into basis for motions.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0309-094

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

Schweibish v. Yoshida (In re Yoshida)

Judgment creditor filed a complaint against debtors seeking a determination that their debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). She sought summary judgment on the count alleging nondischargeability under § 523(a)(2)(A), and the debtors filed a motion to dismiss the complaint under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Judgment debt owed to debtor's mother, who put home up as collateral for loan used solely for debtor's benefit, was dischargeable absent deceit.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0409-116

In re Miller

Pursuant to 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5), a creditor objected to the debtors' chapter 13 plan on the basis that it failed to pay the full amount of the creditor's secured claim in a vehicle.
Ruling: 
Confirmation denied where plan proposed paying less than full value of purchase money security interest in "910 vehicle" even after exclusion of negative equity, gap insurance and administrative fees.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0309-089

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

In re Nelson

The court ruled on creditors' objections to nonstandard language added to Paragraph V.G. in four proposed chapter 13 plan confirmations.
Ruling: 
Model plan language added to paragraphs dealing with mortgage payments in four chapter 13 plans was disapproved resulting in denial of confirmation.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0909-010

ONeil v. IRS (In re ONeil)

Plaintiff debtor brought an adversary proceeding against defendant I.R.S., alleging that the asserted federal tax obligations had been discharged in his chapter 13 case. The I.R.S. moved for summary judgment.
Ruling: 
Debtor's postpetition successor liability for taxes of wholly owned corporation were not provided for in plan and not discharged.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0309-139

In re Roach

The debtors filed for relief under chapter 7 of the Bankruptcy Code, which was converted to a proceeding under chapter 13. A creditor who held a lease with the debtor filed an application for an administrative expense claim under 11 U.S.C.S. § 365(d)(3). The creditor also filed an objection to confirmation of the debtors'amended chapter 13 plan.
Ruling: 
Lessor creditor was not entitled to an administrative expense claim for outstanding rent under lease deemed rejected before chapter 7 was converted to chapter 13.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0109-075

Brashers Sacramento Auto Auction Inc. v. Ahmed (In re Ahmed)

Plaintiff auto auction company filed a complaint to determine that certain debts owed by defendant debtor were nondischargeable in debtor's chapter 7 case pursuant to 11 U.S.C.S. § 523(a)(2), (a)(4) and (a)(6).
Ruling: 
Amounts owed by debtor auto dealer to auto sales company were nondischargeable due to theft of auto titles and willful and malicious wrongful sales to third parties.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0409-006

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