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In re Johnson

The chapter 11 trustee applied under 11 U.S.C.S. § 327(e) to employ debtors' counsel for the specified special purpose of performing transition services he had requested. As finally adjusted, the 11 U.S.C.S. § 330(a)(1) fee request sought a total of $ 179,894, including the $ 3,857 incurred at the request of the chapter 11 trustee after counsel's § 327(a) employment ended and $ 1625 for preparation and prosecution of the final fee application.
Ruling: 
Employment of debtor's attorney by chapter 11 trustee for transition services approved.
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Consumer case opionion summary, case decided on November 21,2008, LexisNexis #0109-071

Marby v. United States Dept of Educ. Natl Payment Ctr. (In re Marby)

Plaintiff debtor filed an adversary proceeding seeking a determination that the student loan debts he incurred were included in his chapter 7 discharge pursuant to 11 U.S.C.S. § 523(a)(8).
Ruling: 
Homeless and unemployed debtor granted undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on November 21,2008, LexisNexis #0109-102

Marie v. Citibank NA (In re Groves)

Plaintiff chapter 7 debtor filed an adversary proceeding against defendant finance companies, seeking a determination that $ 216,849 in student loans she owed two companies were dischargeable under 11 U.S.C.S. § 523(a)(8) because repaying the loans would have imposed an undue hardship.
Ruling: 
Student loan debts discharged to the extent that repayment would impose an undue hardship.
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Consumer case opionion summary, case decided on November 21,2008, LexisNexis #0109-049

In re Styles

In calculating expenses for purposes of proposing a plan, a bankruptcy debtor claimed operating and ownership expenses for two vehicles. The bankruptcy trustee moved to deny confirmation of the debtor's plan on the ground that the single debtor was not entitled to claim expenses for more than one vehicle.
Ruling: 
Single debtor could claim expense deductions for more than one motor vehicle.
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Consumer case opionion summary, case decided on November 21,2008, LexisNexis #0209-015

Frankenfield v. Kennedy (In re Kennedy)

Plaintiffs, creditors, filed an adversary proceeding against defendants, debtors, seeking a determination that their debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6). The parties filed cross-motions for summary judgment.
Ruling: 
Debtors' conveyance of property to third party after creditors advanced purchase money resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on November 20,2008, LexisNexis #0109-048

Levin v. Greco (In re Greco)

Plaintiff, an Illinois child representative, brought an adversary proceeding to determine the dischargeability of defendant debtor's outstanding obligation. The debtor was served with the complaint but had not answered or otherwise appeared in the adversary proceeding, and the representative moved for a default judgment, asserting that the debt was a domestic support obligation, non-dischargeable under 11 U.S.C.S. § 523(a)(5).
Ruling: 
Amounts owed to state child representative in debtor's divorce was not a domestic support obligation and was dischargeable.
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Consumer case opionion summary, case decided on November 20,2008, LexisNexis #0209-036

In re McCauley

Debtors filed a motion to confirm their amended plan. A secured creditor filed an objection to confirmation on the grounds that the "hanging paragraph" at the end of 11 U.S.C.S. § 1325(a) prevented the debtors from cramming down the creditor's secured claim on their vehicle pursuant to 11 U.S.C.S. § 506(a).
Ruling: 
"910 vehicle" loan was precluded from modifications only to extent of purchase money security interest which did not include negative equity on trade-in.
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Consumer case opionion summary, case decided on November 20,2008, LexisNexis #0209-018

Swilling v. ACA Fin. Servs. (In re Swilling)

Plaintiff debtor sought damages from defendant lender, alleging a willful violation of the automatic stay under 11 U.S.C.S. § 362.
Ruling: 
Damages awarded for creditor's diversion of debtor's social security disability check in violation of stay.
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Consumer case opionion summary, case decided on November 20,2008, LexisNexis #0109-004

In re Sickels

When debtors, a married couple who had filed a chapter 7, attempted to rescind a reaffirmation agreement that they had executed with a credit union that held an unrecorded mortgage on their residence, on the ground of mutual mistake, the credit union objected. At issue, inter alia, was whether the statutory period for rescission under 11 U.S.C.S. § 524(c) had expired.
Ruling: 
Objection to recission of reaffirmation agreement on grounds of mutual mistake overruled.
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Consumer case opionion summary, case decided on November 20,2008, LexisNexis #0109-081

In re Bernard

The United States Trustee moved to dismiss the debtors' case for abuse under 11 U.S.C.S. § 707(b)(2), or in the alternative, pursuant to 11 U.S.C.S. § 707(b)(3). The debtors objected to the motion. The court found that the motion turned on whether the debtors could properly deduct their income taxes withheld rather than the actual amount of the tax liability incurred.
Ruling: 
Case ordered dismissed or converted for abuse due to debtor's deduction of taxes withheld rather than actual tax liability resulted in understated current monthly income.
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Consumer case opionion summary, case decided on November 20,2008, LexisNexis #1208-121

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