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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

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