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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

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

Roe v. College Access Network

Appellant debtor, proceeding pro se, filed for bankruptcy after borrowing approximately $ 88,000 to attend college. Because her student loans could not be discharged absent a finding of undue hardship as provided by 11 U.S.C.S. § 523(a)(8), she brought an adversary proceeding in the bankruptcy court. The Bankruptcy Court for the District of Utah concluded that the loans could not be discharged. The debtor appealed.
Ruling: 
Bankruptcy court properly held student loan debt was nondischargeable absent evidence of alleged disability or good faith attempts to repay.
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Consumer case opionion summary, case decided on October 09,2008, LexisNexis #1108-027

Affordable Bail Bonds Inc. v. Sandoval (In re Sandoval)

Appellant bail bondsman obtained a default judgment against appellee debtor. The bondsman brought an adversary proceeding and sought a determination that the debtor's debt was nondischargeable under 11 U.S.C.S. § 523(a)(7). The bankruptcy court held that 11 U.S.C.S. § 523(a)(7) did not apply. The District Court for the Northern District of Oklahoma granted the bondsman's motion to appeal directly to the appellate court.
Ruling: 
Bankrtuptcy court properly held that debt owed to bail bondsman when criminal jumped bail was dischargeable as there was no obligation owing to the government.
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Consumer case opionion summary, case decided on September 11,2008, LexisNexis #1008-009

Scrivner v. Mashburn (In re Scrivner)

Appellants, debtors who disclosed in their petition but did not claim as exempt an interest in television program revenues, appealed the judgment of the Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Tenth Circuit (BAP), affirming a bankruptcy court's authorization post-discharge of a surcharge for post-petition distributions of the revenues, and the BAP's refusal to decide whether the debtors' distributions were exempt.
Ruling: 
Bankruptcy court did not have authority to approve surcharge for postpetition distribution of television revenues.
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Consumer case opionion summary, case decided on August 08,2008, LexisNexis #0908-018

Paul v. Iglehart (In re Paul)

This case concerned the protective scope of the discharge injunction. Plaintiff debtors brought an adversary proceeding against defendant, a state court plaintiff, alleging violation of the discharge injunction of 11 U.S.C.S. § 524(a)(2). The District Court for the District of Colorado held that the state court plaintiff violated the discharge injunction. The state court plaintiff appealed.
Ruling: 
Continuation of litigation in which debtors were nominal defendants including pursuit of discovery did not violate discharge injunction.
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Consumer case opionion summary, case decided on July 28,2008, LexisNexis #0808-099

Strong v. Western United Life Assurance Co. (In re Tri-Valley Distrib.)

Plaintiff debtors and unsecured creditors sued defendant company, alleging, inter alia, fraudulent transfer and negligent lending stemming from a loan to a creditor. The United States Bankruptcy Appellate Panel for the Tenth Circuit affirmed a bankruptcy court's order denying the company's motion to dismiss as to claims related to a transferred property, but dismissing all other claims. The parties cross-appealed and moved to dismiss the appeals.
Ruling: 
Order that did not fully resolve adversary proceeding was not a final appealable order.
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Commercial case opionion summary, case decided on July 15,2008, LexisNexis #0808-069

Anstine v. Carl Zeiss Meditec AG (U.S. Medical Inc.)

Appellant trustee sued appellee creditor pursuant to 11 U.S.C.S. § 547(b)(4)(B), seeking to avoid certain transfers. The bankruptcy court held that the creditor was a nonstatutory insider under 11 U.S.C.S. § 101(31) and permitted the trustee to avoid the transfers. The United States Bankruptcy Appellate Panel reversed the bankruptcy court. The trustee appealed the judgment.
Ruling: 
Bankruptcy appellate panel properly reversed finding that creditor was an insider where creditor operated at arm's length on transfer in question.
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Commercial case opionion summary, case decided on July 15,2008, LexisNexis #0808-066

Wachovia Dealer Servs. v. Jones (In re Jones)

Appellants, creditors in five chapter 13 bankruptcy proceedings, sought review of the U.S. Bankruptcy Panel of the Tenth Circuit's confirmation of appellee debtors' reorganization plans. All five cases involved 910 car loans. The creditors objected to the plans, arguing that they were entitled to postpetition interest on their claims under 11 U.S.C.S. § 1325(a)(5)(B)(ii). The federal bankruptcy court overruled the creditors' objections.
Ruling: 
"910 vehicle" loans are allowed secured claims which may accrue postpetition interest.
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Consumer case opionion summary, case decided on July 07,2008, LexisNexis #0908-057

DaimlerChrysler Fin. Servs. Americas LLC v. Ballard (In re Ballard

Appellant company objected to the confirmation of appellees, debtors', plans in two chapter 13 bankruptcy proceedings. Because the proceedings involved the same legal issue, whether surrender of the debtors' vehicles fully satisfied the company's claim under the retail installment contracts, the bankruptcy court consolidated argument and overruled the company's objections. The Bankruptcy Appellate Panel of the Tenth Circuit affirmed.
Ruling: 
Creditor entitled to pursue unsecured claim for deficiency on "910 vehicle" pursuant to contract and state law.
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Consumer case opionion summary, case decided on May 19,2008, LexisNexis #0608-056

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