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In re Lowery

Eight years after a bankruptcy debtor was granted a discharge and her case was closed, the debtor moved to reopen the case pursuant to 11 U.S.C.S. § 350(b) in order to schedule a previously undisclosed personal injury claim for administration in the case.
Ruling: 
Bankruptcy court declined to reopen case to administer debtor's previously concealed personal injury claim.
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Consumer case opionion summary, case decided on December 31,2008, LexisNexis #0209-026

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

Baldwin v. Celli (In re Baldwin)

Appellants, debtors, filed a notice of appeal from a memorandum decision and order of the bankruptcy court which denied confirmation of debtors'chapter 13 Plan (Plan) because they failed to include all disposable income in their Plan. Appellee trustee opposed debtors'appeal.
Ruling: 
Website did not provide appropriate method for calculating tax expense for Form B22C.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0109-090

In re Moreo

Plaintiff creditor filed an adversary proceeding against defendants, debtors, to deny the debtors their discharge under 11 U.S.C.S. §§ 727(a)(2)(A), 727(a)(3), 727(a)(4)(A), and 727(a)(5). The parties field cross-motions for summary judgment on the § 727(a)(3) and § 727(a)(4)(A) causes of actions.
Ruling: 
Failure of financially unsophisticated debtor to keep adequate business records was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on December 01,2008, LexisNexis #0109-055

Bank of Castille v. Kjoller (In re Kjoller)

Plaintiff bank filed an adversary proceeding against defendant debtor requesting that the court determine that the debt due to the bank on its business loan was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4). Debtor filed a motion to dismiss the dischargeability proceeding. Subsequently, without permission of the court or consent of debtor, the bank filed an amended complaint, which added a second cause of action pursuant to § 523(a)(6).
Ruling: 
Claims relating to debtor's embezzlement and larceny were nondischargeable.
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Consumer case opionion summary, case decided on November 10,2008, LexisNexis #0109-015

In re Borowie

The chapter 7 trustee sought to compel the debtor to turnover the value of funds which the debtor had on deposit in his checking account at the moment of his bankruptcy filing. The central issue was whether a post-petition disposition of assets in good faith would absolve the debtor of the duty to surrender property as required under 11 U.S.C.S. § 521(a)(4).
Ruling: 
Trustee could recover value of debtor's prepetition check that cleared postpetition.
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Consumer case opionion summary, case decided on November 05,2008, LexisNexis #0109-012

Wharton v. Shiver (In re Shiver)

Plaintiffs, creditors, filed an adversary proceeding against defendant debtor seeking a determination that their debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The creditors had obtained a Florida state court default judgment for fraud and contended that the full faith and credit statute, 28 U.S.C.S. § 1738, required that the Florida fraud judgment be given preclusive effect. The parties filed cross-motions for summary judgment.
Ruling: 
State default judgment in fraud case was "fully litigated" and determinative of nondischargeability of debt.
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Consumer case opionion summary, case decided on November 05,2008, LexisNexis #1208-080

In re Scalise

The trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy case for failure to comply with 11 U.S.C.S. § 521(a)(1)(B)(iv) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Ruling: 
Case dismissed due to debtor's failure to provide paystub covering petition date.
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Consumer case opionion summary, case decided on October 30,2008, LexisNexis #0109-011

In re Latimer

The debtors filed a chapter 13 plan which proposed to bifurcate their mortgage into an allowed secured claim and an unsecured claim. In furtherance of the plan, the debtors filed a motion, pursuant to 11 U.S.C.S. § 506(a)(1), for the court to determine the secured status of the mortgage. The creditor opposed the motion.
Ruling: 
Undersecured mortgage claim could be bifurcated.
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Consumer case opionion summary, case decided on October 27,2008, LexisNexis #1208-127

In re Forletta

A debtor filed for relief under chapter 13 of the Bankruptcy Code, less than one year after the debtor's earlier chapter 7 case was closed. The debtor sought to continue the automatic stay, pursuant to 11 U.S.C.S. § 362(c)(3)(B).
Ruling: 
Motion to extend stay granted, though not necessary, in chapter 13 case filed by debtor who had received discharge in prior chapter 7 case.
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Consumer case opionion summary, case decided on October 10,2008, LexisNexis #1108-003

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