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In re Pfeiler

The debtors filed for relief under chapter 13 and submitted a proposed first plan and an amended plan. A chapter 13 trustee filed objections to confirmation of the first plan and the amended plan because the debtors did not propose a 60-month plan.
Ruling: 
Court rejected "snapshot" income analysis in holding that debtors were "above median" and required to submit plan with term of five years.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1008-127

In re Sanchez

The Standing chapter 13 trustee objected to confirmation of the plan of an above-median-income debtor on the grounds that it was not a 60-month plan as required under 11 U.S.C.S. § 1325(b)(4).
Ruling: 
Above-median debtor's plan could not be confirmed as proposing only partial repayment of unsecured creditors over less than five years.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1008-128

In re Williams

In consolidated proceedings, the standing chapter 13 Trustee (Trustee) objected to plan confirmation in three separate cases. The parties in these cases contested the meaning of the phrases "projected disposable income" (PDI) and "applicable commitment period" (ACP) in 11 U.S.C.S. § 1325(b)(1)(B) as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).
Ruling: 
Confirmation denied due to plan's failure to pay projected disposable income to unsecured creditors.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1008-089

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

Burckhalter v. Burckhalter (In re Burckhalter)

Plaintiff ex-wife filed a Fed. R. Civ. P. 56 motion for summary judgment on her adversary complaint seeking a determination that defendant debtor's child support arrearage and credit card debt covered under the divorce decree were nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15).
Ruling: 
Debtor's obligation pursuant to divorce decree to pay marital credit card debt was nondischargeable.
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Consumer case opionion summary, case decided on June 23,2008, LexisNexis #0708-078

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

Jagow v. Top Hill LLC (In re Townhomes at Hill Top LLC)

Defendant creditors filed a motion for withdrawal of the reference under 28 U.S.C.S. § 157(d) to the bankruptcy court of plaintiff trustee's action for a declaratory judgment that the plans and records in the possession were estate property free from liens.
Ruling: 
Complaint for declaratory judgment that plans and records were estate property was a core proceeding not subject to mandatory withdrawal of reference.
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Commercial case opionion summary, case decided on May 14,2008, LexisNexis #0708-034

In re Dagen

A chapter 13 debtor filed a motion for sanctions against his former wife, contending that the wife had improperly attempted to collect support payments from his disability income in violation of the automatic stay of 11 U.S.C.S. § 362 and his confirmed chapter 13 plan.
Ruling: 
Former spouse's post-confirmation efforts to collect debtor's post-petition support obligations did not violate stay.
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Consumer case opionion summary, case decided on March 26,2008, LexisNexis #0508-062

Sender v. Love Funeral Home (In re Potter)

Plaintiff trustee filed an adversary proceeding against defendant funeral home, alleging that a chapter 7 debtor made postpetition transfers to the funeral home that were avoidable under 11 U.S.C.S. § 549. The trustee sought an order requiring the funeral home to return money it received to the debtor's bankruptcy estate, pursuant to 11 U.S.C.S. §§ 550 and 551. The funeral home opposed the trustee's action.
Ruling: 
Payments by debtor to funeral home from proceeds of deceased debtor spouse's life insurance were not avoidable as debtor was initial transferee.
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Consumer case opionion summary, case decided on March 26,2008, LexisNexis #0508-067

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