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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

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

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

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

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

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

In re Haberman

Appellant trustee filed an adversary action against appellees, bank and debtors, to avoid a security interest and preserve the avoided lien for the benefit of the estate. The bankruptcy court ruled that a trustee who voided a lien pursuant to 11 U.S.C.S. §§ 544 and 551 took for the bankruptcy estate only the value of the lien itself. The United States Bankruptcy Appellate Panel for the Tenth Circuit affirmed. The trustee appealed.
Ruling: 
Lien avoidance preserved only value of lien itself for the estate, not other rights.
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Consumer case opionion summary, case decided on February 22,2008, LexisNexis #0308-099

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

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