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Sattler v. Shallow (In re Shallow)

Plaintiff creditor filed a complaint against defendant chapter 7 debtor, seeking to have one claim held nondischargeable pursuant to 11 U.S.C.S. § 523(a)(6), and a second claim held nondischargeable pursuant to § 523(a)(2)(A), § 523(a)(4), and § 523(a)(6).
Ruling: 
Debts were dischargeable absent evidence of intent to cause injury to creditor.
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Consumer case opionion summary, case decided on August 25,2008, LexisNexis #0109-032

In re Sydlar

A debtor filed for relief under chapter 13 of the Bankruptcy Code. A trustee sought turnover of sale proceeds that had been given to a creditor after the debtor sold a premises in New Jersey. The proceeds had been transferred to the judgment creditors, who filed an objection to the trustee's motion.
Ruling: 
Debtor's share of proceeds of sale of former marital residence ordered turned over to estate once creditors' claims on proceeds were ruled null and void by state court.
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Consumer case opionion summary, case decided on August 22,2008, LexisNexis #1108-110

In re Matusiak

Debtors requested an award of attorneys' fees in connection with their defense of a motion for relief from the stay filed by a creditor. The creditor's motion also sought attorneys' fees.
Ruling: 
Neither debtors' attorney nor creditors' attorneys were entitled to award of attorneys' fees in stay proceeding.
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Consumer case opionion summary, case decided on August 20,2008, LexisNexis #1108-108

In re Shihai

Counsel for the debtors filed a first and final application for fees and expenses. The United States Trustee and chapter 7 trustee opposed the application.
Ruling: 
Fee application of debtor's pre-conversion counsel treated as interim application pending full administration.
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Consumer case opionion summary, case decided on August 18,2008, LexisNexis #0908-009

Deep v. Danaher

Plaintiff brought an action against defendants, two chapter 7 trustees and two others. At issue in plaintiff's appeal was whether the bankruptcy court abused its discretion by acting pursuant to 11 U.S.C.S. § 105 to enjoin him from filing further pleadings in the bankruptcy court without obtaining prior leave of the bankruptcy court.
Ruling: 
Bankruptcy court did not abuse discretion in enjoining debtor from filing pleadings without leave of court.
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Consumer case opionion summary, case decided on August 18,2008, LexisNexis #0908-062

Chase v. Chase (In re Chase)

Plaintiff Chapter 7 debtor filed an adversary proceeding against defendant, his estranged wife, seeking a judgment that an order issued by the Supreme Court of the State of New York, County of Columbia, which required him to pay $ 39,243 in mortgage payment arrears on the couple's marital residence was dischargeable under former 11 U.S.C.S. § 523 (amended 2005). The wife filed a motion to dismiss.
Ruling: 
Debtor's mortgage obligation to former spouse was in the nature of support due to treatment as such by court in prior contempt proceeding.
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Consumer case opionion summary, case decided on August 18,2008, LexisNexis #0908-022

In re Wisotzke

Debtor filed a petition initiating a chapter 13 case. The schedules and statements and a chapter 13 plan filed by debtor indicated that he resided at a property which was titled to his deceased parents. Ontario County filed a motion which requested that the court determine that the property was not 11 U.S.C.S. § 541 property of the estate.
Ruling: 
Debtor's residence, titled in name of deceased parents on petition date and transferred to county pursuant to default judgment was not property of the estate.
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Consumer case opionion summary, case decided on August 14,2008, LexisNexis #0908-051

Chartschlaa v. Nationwide Mut. Ins. Co.

Plaintiff insurance agent and agency sued on several claims arising out of defendant insurers' termination of their relationship. The U.S. District Court for the District of Connecticut entered judgment for plaintiffs. The insurers appealed, and plaintiffs cross-appealed the district court's denial of their motion for prejudgment interest and grant of the insurers' motion for judgment as a matter of law on one of their claims.
Ruling: 
Debtor's renamed insurance agency and claims under agency agreement were property of the estate.
Court: 2nd Circuit ( ) [ Circuit Court ]
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Commercial case opionion summary, case decided on August 14,2008, LexisNexis #0908-023

Gilman v. Golio (In re Golio)

Plaintiff-creditor, the non-debtor former wife of the defendant debtor, sought a determination that two state court judgments rendered in her favor against the debtor were nondischargeable as domestic support obligations under 11 U.S.C.S. § 523(a)(5), or as indebtedness owed to a former spouse that was incurred by the debtor in connection with a separation agreement, divorce decree or other court order under 11 U.S.C.S. § 523(a)(15).
Ruling: 
Judgment issued in connection with divorce decree was nondischargeable.
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Consumer case opionion summary, case decided on August 14,2008, LexisNexis #0908-050

In re Tompkins

The debtors filed an objection seeking to expunge the claim of a secured creditor based upon a perfected, purchase-money security interest in the debtors' automobile. The creditor objected to confirmation of the proposed chapter 13 plan.
Ruling: 
Debtors allowed to surrender "910 vehicle" in full satisfaction of debt.
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Consumer case opionion summary, case decided on August 13,2008, LexisNexis #0908-058

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