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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

Spalding v. Truman

Appellants sought review of an order of the Bankruptcy Court for the Northern District of Texas, Fort Worth Division, which denied confirmation of appellants' proposed Chapter 13 plan.
Ruling: 
Bankruptcy court properly required debtors to prorate qualified retirement deduction for repayment of 401(k) loan over full five year term of plan.
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Consumer case opionion summary, case decided on October 14,2008, LexisNexis #1108-017

In re Black Diamond Mining Co. LLC

After involuntary chapter 11 petitions were filed against debtors, sublessors sought an order compelling the debtors to timely perform all of their obligations under sublease agreements pursuant to 11 U.S.C.S. § 365(d)(3).
Ruling: 
Proration rule appropriate for prepetition sublease obligations of involuntary debtor.
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Commercial case opionion summary, case decided on September 18,2008, LexisNexis #0109-044

Schlarman v. Chase Home Fin. LLC (In re Padgitt)

Plaintiff trustee filed an action against defendant creditor alleging that the trustee could avoid a mortgage held by the creditor on the debtors' home, pursuant to the provisions of 11 U.S.C.S. § 544. The parties filed cross motions for summary judgment.
Ruling: 
Trustee could avoid interest of debtor spouse in property where mortgage only covered one- half interest of debtor.
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Consumer case opionion summary, case decided on September 11,2008, LexisNexis #0109-051

In re Emery

The chapter 13 matter was before the court on a creditor's objection to confirmation of debtor's amended chapter 13 plan. Specifically, the creditor objected to a special provision included in the plan which would have required that the creditor deem debtor's mortgage as current upon confirmation, and apply subsequent payments accordingly.
Ruling: 
Plan requirement that creditor mortgagee apply payments as though loan were current did not violate anti-modification provisions.
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Consumer case opionion summary, case decided on May 16,2008, LexisNexis #0608-055

In re Brewster

The debtor filed a motion for an extension of the automatic stay, pursuant to 11 U.S.C.S. § 362(c)(3)(B).
Ruling: 
Court could not extend stay where debtor's motion was not filed within 30 days of petition date.
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Consumer case opionion summary, case decided on April 07,2008, LexisNexis #0408-108

Burden v. Branch Banking & Trust Co. (In re Potter)

Defendant debtors filed for relief under chapter 13 of the Bankruptcy Code. Plaintiff trustee filed an adversary proceeding to avoid a mortgage lien held by defendant creditor, pursuant to 11 U.S.C.S. § 544(a). The trustee and the creditor filed motions for summary judgment.
Ruling: 
Improperly recorded mortgage avoided as not providing notice to trustee as bona fide purchaser.
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Consumer case opionion summary, case decided on March 05,2008, LexisNexis #0308-121

In re Triton Enters.

The creditors objected to a trustee's second application for compensation and reimbursement for expenses for work performed by the trustee's counsel in the main bankruptcy case, the adversary proceedings, and the fee application preparation, pursuant to 11 U.S.C.S. §§ 330(a) and 503(b).
Ruling: 
Objection to trustee's counsel's fees overruled where services performed were reasonably likely to benefit estate.
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Commercial case opionion summary, case decided on March 03,2008, LexisNexis #0308-127

Lynch v. Parrish

Appellant, a bankruptcy administrator, sought review of a decision of the United States Bankruptcy Court for the Eastern District of North Carolina, which denied the administrator's motion to dismiss the petition filed by appellee debtor. The administrator contended that dismissal was warranted under the means test of 11 U.S.C.S. § 707(b).
Ruling: 
Bankruptcy court properly denied administrator's motion for abuse dismissal where debtor's means test calculation was proper.
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Consumer case opionion summary, case decided on February 14,2008, LexisNexis #0308-085

In re Beck

In two separate cases, the debtors filed for relief under chapter 7 of the United States Bankruptcy Code. The United States Trustee filed motions to dismiss the petitions pursuant to 11 U.S.C. § 707(b)(2).
Ruling: 
Debtors could deduct secured debt payments in means test despite actual or intended surrender of collateral.
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Consumer case opionion summary, case decided on January 23,2008, LexisNexis #0208-119