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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 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

Rodriguez v. DaimlerChrysler Fin. Servs. Americas LLC (In re Bremer)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid a lien as a preference under 11 U.S.C.S. § 547(b). The trustee contended that the transfer of the lien against the debtor's vehicle was untimely perfected. The trustee moved for partial summary judgment.
Ruling: 
Trustee entitled to avoid nonpossessory lien interest although recovery of value not necessary.
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Consumer case opionion summary, case decided on August 29,2008, LexisNexis #1008-046

In re Perez

Counsel filed an application pursuant to 11 U.S.C.S. § 330(a) for approval of and authorization to pay professional fees and reimbursement of expenses. Counsel served as special counsel to the debtor-in-possession, representing her during her chapter 11 in an appeal of a judgment against her and others in Louisiana state court. A creditor and the chapter 7 Trustee objected.
Ruling: 
Fee application of special counsel to debtor-in-possession in appeal of state court judgment denied due to failure to disclose agreement to represent co-defendants for free.
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Consumer case opionion summary, case decided on June 12,2008, LexisNexis #0708-097

Rodriguez v. Whatcott (In re Walker)

Chapter 7 Trustee filed an adversary proceeding against defendant creditor seeking to avoid a transfer under 11 U.S.C.S. § 547(b). The transfer occurred when the creditor's judgment lien was recorded against real property owned by the debtor. The parties disagreed only as to whether the Trustee established the requirement of 11 U.S.C.S. § 547(b)(5).
Ruling: 
Recording of judgment lien was an avoidable transfer.
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Consumer case opionion summary, case decided on June 12,2008, LexisNexis #0708-082