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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

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

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

In re Hudak

A debtor filed a fourth amended chapter 13 plan of reorganization. A creditor filed a limited objection to the plan, alleging that certain provisions impermissibly modified its secured lien in contravention of 11 U.S.C.S. § 1322(b)(2) and were otherwise violative of 11 U.S.C.S. § 1322(b)(5). The creditor also alleged that 11 U.S.C.S. § 524(i) did not apply.
Ruling: 
Confirmation of debtor's fourth amended chapter 13 plan denied due to impermissible modification of creditor's secured lien.
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Consumer case opionion summary, case decided on October 20,2008, LexisNexis #1208-053

In re Brown

Debtors sought confirmation of their chapter 13 plan, but the trustee objected to the proposed 42 month plan that would not pay all unsecured creditors in full as being contrary to requirements of 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Above median debtor could not propose plan with shorter term than required that did not pay unsecured creditors in full.
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Consumer case opionion summary, case decided on October 10,2008, LexisNexis #0109-026

Connolly v. Spaulding (In re Van Vleet)

Defendant creditor asserted that he loaned money to a corporation in a foreign country in which the debtor had a one hundred percent equity interest and that because the corporation was not a party to the bankruptcy, withdrawal of the reference under 28 U.S.C.S. § 157(d) was appropriate. Plaintiff trustee objected, contending that the debtor should not be liable to the creditor.
Ruling: 
Court declined to withdraw reference of case against corporation in which debtor had 100% equity interest.
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Consumer case opionion summary, case decided on October 10,2008, LexisNexis #1108-093

Greene v. Burke (In re Burke)

Appellee debtor filed an adversary proceeding against appellant creditor, seeking a judgment that a claim the creditor filed against the debtor's bankruptcy estate was invalid. On remand from a decision by the district court, the Bankruptcy Court for the District of Colorado sustained the debtor's objections to the creditor's claim. The creditor appealed.
Ruling: 
Bankruptcy court properly reviewed validity of state court judgment that recognized judgment against debtor by Mexican court.
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Consumer case opionion summary, case decided on September 29,2008, LexisNexis #1008-104

In re Goldsboro

Two pairs of debtors had filed for relief under chapter 7 of the Bankruptcy Code. In both proceedings, a chapter 7 trustee, filed a motion for the debtors' to turnover payments they received under the Economic Stimulus Act of 2008, Pub. L. No. 110-185, 122 Stat. 613, as property of the estate, pursuant to 11 U.S.C.S. §§ 521 and 542. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Debtors' economic stimulus payments were property of the estate and subject to turnover.
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Consumer case opionion summary, case decided on September 26,2008, LexisNexis #0109-016

Hook v. Commissioner (In re Hook)

Appellant debtors commenced an adversary proceeding against appellee, the Commissioner of Internal Revenue (IRS), seeking a determination of their federal income tax liabilities for the tax years 1992 through 2006, and appealed from an order of the United States Bankruptcy Court for the District of Colorado dismissing the adversary proceeding with respect to 1992- 1996.
Ruling: 
Tax determination proceeding properly dismissed given dismissal of underlying chapter 11 claim.
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Consumer case opionion summary, case decided on September 18,2008, LexisNexis #1008-016

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