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Parks v. FIA Card Servs. (In re Marshal)

The district court for the District of Kansas affirmed a decision of a bankruptcy court that payments made by debtors within 90 days preceding the filing of their chapter 7 petition from one set of credit card accounts to credit card accounts with appellee, the creditor's successor, were not avoidable preferential transfers under 11 U.S.C.S. § 547(b) as urged by appellant, the bankruptcy trustee. The trustee appealed.
Ruling: 
Bankruptcy and district courts erred in holding that credit card balance transfers were not avoidable preferential transfers.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-030

Beaumont v. United States ex. Dept. of Veterans Affairs (In re Beaumont)

In an appeal from an adversary proceeding, appellant debtor sought judicial review of the bankruptcy court's finding that the recoupment and offset of his disability benefits by appellee, the United States of America, ex rel., Department of Veterans Affairs (VA), did not violate the automatic stay provision of 11 U.S.C.S. § 362 nor the discharge order entered in his bankruptcy case under 11 U.S.C.S. § 524.
Ruling: 
Recoupment and offset of disability benefits by Department of Veterans Affairs did not violate stay.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-027

In re Miller

Pursuant to 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5), a creditor objected to the debtors' chapter 13 plan on the basis that it failed to pay the full amount of the creditor's secured claim in a vehicle.
Ruling: 
Confirmation denied where plan proposed paying less than full value of purchase money security interest in "910 vehicle" even after exclusion of negative equity, gap insurance and administrative fees.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0309-089

In re Nelson

The court ruled on creditors' objections to nonstandard language added to Paragraph V.G. in four proposed chapter 13 plan confirmations.
Ruling: 
Model plan language added to paragraphs dealing with mortgage payments in four chapter 13 plans was disapproved resulting in denial of confirmation.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0909-010

Hernandez v. Dorado (In re Dorado)

A chapter 13 trustee objected to the confirmation of a debtor's plan, rebutting the debtor's disposable income determination under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Breach of home construction contract did not give rise to nondischargeable debt.
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Consumer case opionion summary, case decided on December 16,2008, LexisNexis #0209-045

In re Tabares

The debtors filed for relief under chapter 13 of the Bankruptcy Code. A bank filed a claim, which included a request for $350 in postpetition attorney fees as part of the claim. A trustee objected to the claim to the extent that it sought the attorney fees.
Ruling: 
Trustee's objection to mortgagee's attorneys' fees sustained absent necessary contractual provision.
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Consumer case opionion summary, case decided on December 15,2008, LexisNexis #0309-079

In re Arrigo

The matter came before the court on confirmation of the Second Amended Chapter 13 Plan filed by debtors, and the objection thereto filed by the Standing Chapter 13 Trustee.
Ruling: 
Trustee's objection to confirmation overruled as there was no substantial change in circumstances to warrant deviation from Form 22C projected disposable income calculation.
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Consumer case opionion summary, case decided on December 04,2008, LexisNexis #0209-129

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

Hamilton v. Lannging (In re Lannging)

Appellant bankruptcy trustee objected to a bankruptcy debtor's proposed plan which calculated projected disposable income under 11 U.S.C.S. § 1325(b)(1)(B) based on expected future income rather than historical income. The trustee appealed the judgment of the Bankruptcy Appellate Panel for the Tenth Circuit which affirmed confirmation of the debtor's plan.
Ruling: 
Calculation of projected disposable income adjusting for future lower income was proper.
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Consumer case opionion summary, case decided on November 13,2008, LexisNexis #1208-089

In re Hudak

The debtor's fourth amended chapter 13 plan of reorganization was before the court. A limited objection thereto filed by her mortgage creditor asserted that certain provisions impermissibly modified the contractual deed of trust rights and lien claim in violation of 11 U.S.C.S. § 1322(b). The debtor argued that the creditor's future failure to comply with the specified language would violate the discharge injunction under 11 U.S.C.S. § 524(i).
Ruling: 
Plan requirement that creditor deem prepetition arrearage contractually current upon confirmation was not an impermissible modification.
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Consumer case opionion summary, case decided on October 24,2008, LexisNexis #1108-128

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