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Weinman v. Graves (In re Graves)

The chapter 7 Trustee appealed an order of the Bankruptcy Court for the District of Colorado denying his motion to compel the debtors to turnover the value of a pre-petition tax refund that the debtors applied to pre-payment of their 2007 taxes, prior to filing their bankruptcy case.
Ruling: 
Bankruptcy court refused to order turnover of prepetition tax refund applied as pre-payment to next year's liability.
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Consumer case opionion summary, case decided on October 22,2008, LexisNexis #1108-079

Melnor Inc. v. Corey (In re Corey)

Defendant debtor challenged a decision of the Bankruptcy Court for the District of Kansas that found that defendant creditor's claim against him was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). The bankruptcy court granted summary judgment for the creditor because it concluded that a prior judgment that the creditor had obtained in federal district court in Virginia had determined that the debt was procured by fraud.
Ruling: 
Bankruptcy court properly held that default judgment for debtor's failure to appear at trial was nondischargeable.
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Consumer case opionion summary, case decided on October 06,2008, LexisNexis #1108-011

Pearson v. Stewart (In re Pearson)

Appellants, chapter 13 debtors, challenged an order of the Bankruptcy Court for the District of Wyoming confirming debtors' third amended plan on the ground that the bankruptcy court had erred in denying confirmation of their prior proposed plan in which they claimed vehicle acquisition allowances for two vehicles. The proper interpretation and application of the "means test" in 11 U.S.C.S. § 707(b)(2)(A)(ii)(I) was at issue.
Ruling: 
Bankruptcy court erred in denying debtor's ownership expense on vehicle owned free and clear.
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Consumer case opionion summary, case decided on July 28,2008, LexisNexis #0808-081

Schlueter v. State Farm Mut. Ins. Co. (In re Schlueter)

Plaintiff debtor challenged an order of the U.S. Bankruptcy Court for the District of Colorado which granted summary judgment to defendant claimant. At issue was the bankruptcy court's finding that 11 U.S.C.S. § 523(a)(3)(A) precluded debtor's discharge of the claimant's unlisted claim.
Ruling: 
Bankruptcy court erred in holding unlisted claim nondischargeable given disputed factual issue of debtor's knowledge of claim.
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Consumer case opionion summary, case decided on July 14,2008, LexisNexis #0808-063

In re Francisco

Appellant debtor sought review of a decision of the United States Bankruptcy Court for the District of New Mexico, which dismissed her chapter 13 petition for failure to timely obtain credit counseling under 11 U.S.C.S. § 109(h)(1).
Ruling: 
Credit counseling obtained on petition date satisfied "180 days preceeding date of filing" requirement.
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Consumer case opionion summary, case decided on July 02,2008, LexisNexis #0708-106

Miller v. Cameron (In re Miller)

Appellant debtor sought review of a decision of the United States Bankruptcy Court for the District of Utah, which dismissed his chapter 7 bankruptcy case under 11 U.S.C.S. § 521(i)(1) for noncompliance with § 521(a)(1)(B)(iv).
Ruling: 
Dismissal for failure to file single payment advice reversed as year-to-date information on final stub was sufficient evidence of payment.
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Consumer case opionion summary, case decided on March 18,2008, LexisNexis #0408-009

Holcomb v. Hardeman (In re Holcomb)

Appellant debtors sought review of an order of the Bankruptcy Court for the Western District of Oklahoma, which concluded, pursuant to 11 U.S.C. § 362(c)(3)(A), that the automatic stay imposed on the filing of their chapter 13 case terminated with respect to the estate property on the 30th day after the initiation of their case.
Ruling: 
Automatic stay in debtor's second case did not terminate thirty days after petition date with regard to estate property.
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Consumer case opionion summary, case decided on January 07,2008, LexisNexis #0108-113