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Oak Street Funding LLC v. Brown (In re Brown)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) and § 523(a)(6). The debtor moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim.
Ruling: 
Debtor company president's knowledge of company affairs was insufficient to establish fiduciary position that would support finding of nondischargeability.
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Consumer case opionion summary, case decided on December 12,2008, LexisNexis #0209-118

In re Cutaia

Chapter 7 trustee filed an adversary proceeding against chapter 7 debtor, seeking an order denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2)(B) and (a)(4)(A). The case was tried to the court.
Ruling: 
Discharge denied due to debtor's postpetition sale of watch.
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Consumer case opionion summary, case decided on December 11,2008, LexisNexis #0409-127

Dumas v. Sabre Group LLC

Appellant debtor had challenged an order of the U.S. Bankruptcy Court for the Northern District of Illinois, Eastern Division, modifying the automatic stay issued pursuant to 11 U.S.C.S. § 362 and remanding previously removed tax proceedings to an Illinois state court for further consideration on a finding that abstention was proper. Appellee creditor moved to dismiss the appeal as moot.
Ruling: 
Appeal of abstention ruling dismissed as moot where underlying bankruptcy case had been dismissed.
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Consumer case opionion summary, case decided on December 10,2008, LexisNexis #0109-041

Goldberg v. Clay (In re Smith)

Plaintiff chapter 7 trustee sought the disgorgement of a referral fee received in the post-petition period by defendant, chapter 7 debtor's bankruptcy attorney, on the grounds that the fee was received in violation of 11 U.S.C.S. § 504(a).
Ruling: 
Referral fee paid to debtor's attorney upon settlement of debtor's civil action ordered disgorged.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0109-067

Neary v. Guillet (In re Guillet)

Plaintiff United States trustee filed a complaint against defendant chapter 7 debtors, a husband and wife, seeking to deny the entry of a chapter 7 discharge pursuant to 11 U.S.C.S. § 727(a)(2), § 727(a)(3), or § 727(a)(5).
Ruling: 
Debtor's questionable transfers of funds to Nigeria were not grounds for denial of discharge absent evidence of intent to defraud creditors.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0109-069

Antognoni v. Basso (In re Basso)

Debtor appealed from an order of the Bankruptcy Court for the District of Massachusetts that denied his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) and sustained plaintiff creditor's objection to his homestead exemption. The court denied the debtor's discharge under the continuous concealment doctrine, and denied the homestead exemption because he had filed the declaration of homestead in violation of a state court order.
Ruling: 
Denial of discharge on theory of "continuing concealment" reversed as homestead declaration announced, rather than hid, interest in property.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0309-034

Clark v. Wilmoth (In re Wilmoth)

Chapter 7 trustee, appealed the Bankruptcy Court for the Western District of Arkansas order which overruled the trustee's objection to debtor's claim of exemptions. The trustee claimed that the bankruptcy court erred in finding that debtor had no intent to hinder, delay or defraud creditors. The case implicated the Arkansas homestead exemption, Ark. Const. art. 9, § 3 and 11 U.S.C.S. § 522(o).
Ruling: 
Bankruptcy court properly overruled trustee's objection to debtor's claimed exemptions absent extrinsic evidence of intent to hinder, delay or defraud creditors via debtor's pre-bankruptcy planning.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0209-115

In re Johnson

The debtors filed for relief under chapter 7. The United States Trustee filed a motion to dismiss the case under 11 U.S.C.S. § 707(b)(3).
Ruling: 
Excess secured debt on debtor's primary residence did not preclude relief in consumer case.
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Consumer case opionion summary, case decided on December 08,2008, LexisNexis #0409-056

In re Almonte

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to confirmation of the debtor's chapter 13 plan, arguing, inter alia, that the plan could not be confirmed under 11 U.S.C.S. § 1325 because the debtor did not include credit card cash advances he received before he declared bankruptcy as part of his current monthly income (CMI).
Ruling: 
Credit card cash advances did not need to be included in projected disposable income calculation.
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Consumer case opionion summary, case decided on December 08,2008, LexisNexis #0109-063

In re Alejandro

The debtors moved for confirmation of their proposed chapter 13 plan. A creditor and the chapter 13 Trustee filed objections. The order scheduling trial required all parties to jointly file appropriate stipulations of fact, witness, and exhibit lists no later than seven days prior to the scheduled trial. The debtor, the Trustee, and the creditor all failed to file the required joint submissions by the deadline.
Ruling: 
Confirmation denied where debtors, trustee and objecting creditor all failed to comply with scheduling order.
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Consumer case opionion summary, case decided on December 06,2008, LexisNexis #0308-092

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