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In re Miller

Pursuant to 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5), a creditor objected to the debtors' chapter 13 plan on the basis that it failed to pay the full amount of the creditor's secured claim in a vehicle.
Ruling: 
Confirmation denied where plan proposed paying less than full value of purchase money security interest in "910 vehicle" even after exclusion of negative equity, gap insurance and administrative fees.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0309-089

In re Tabares

The debtors filed for relief under chapter 13 of the Bankruptcy Code. A bank filed a claim, which included a request for $350 in postpetition attorney fees as part of the claim. A trustee objected to the claim to the extent that it sought the attorney fees.
Ruling: 
Trustee's objection to mortgagee's attorneys' fees sustained absent necessary contractual provision.
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Consumer case opionion summary, case decided on December 15,2008, LexisNexis #0309-079

In re Smith

Creditor, the mortgagee by assignment of the debtor, filed an emergency motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(4) or , in the alternative, for an order dismissing the debtor's case under 11 U.S.C.S. § 1307(c), and to bar her from refiling for a period of 180 days. The motions were premised on the fact that the debtor had filed six bankruptcy petitions in the court since 2003, only one of which was successful.
Ruling: 
Debtor's sixth case in five years dismissed with 180-day filing bar due to prejudice to foreclosing creditor.
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Consumer case opionion summary, case decided on September 11,2008, LexisNexis #1208-049

Williamson v. Sherlock (In re Sherlock)

Chapter 7 trustee sought review of a decision of a bankruptcy court, which declined to apply the doctrine of marshaling to collect the pre-petition portion of appellee debtors'income tax refund that was offset by the Internal Revenue Service (IRS).
Ruling: 
Bankruptcy court properly declined to apply marshaling doctrine to collect prepetition income tax refund offset by IRS.
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Consumer case opionion summary, case decided on September 11,2008, LexisNexis #1008-011

In re Vogeler

The United States Trustee filed a motion to dismiss a chapter 7 debtor's bankruptcy case pursuant to 11 U.S.C.S. § 707(b), alleging that the totality of the circumstances demonstrated abuse under § 707(b)(3).
Ruling: 
Case dismissed for abuse where debtor failed to use postpetition lottery winnings to reduce debts.
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Consumer case opionion summary, case decided on August 28,2008, LexisNexis #1008-122

In re Hoss

In two cases, the trustees objected to confirmation of chapter 13 plans because debtors had proposed to deduct as expenses, on Line 47 of Official Bankr. Form B22C, secured debt payment amounts on original, unmodified contracts despite the fact that the actual sums to be paid on the subject debts was being reduced by cram-down or strip-off. At issue was the proper interpretation of 11 U.S.C.S. § 1325(b)(1)(B) and 11 U.S.C.S. § 707(b)(2)(A)(iii).
Ruling: 
Above-median debtors intending to retain collateral can deduct only amounts likely to be paid to secured creditors under plan.
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Consumer case opionion summary, case decided on August 20,2008, LexisNexis #0908-015

In re DeThample

Debtors, a husband and wife, filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A bankruptcy trustee was appointed to represent the bankruptcy estate, and she filed an objection to the debtors' plan, claiming, inter alia, that it should not be confirmed because the debtors failed to include a disbursement the wife received from a 401(k) plan when they calculated their projected disposable income.
Ruling: 
Singular nonrecurring 401(k) distribution could be overlooked in computing debtors' current monthly income.
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Consumer case opionion summary, case decided on July 24,2008, LexisNexis #0908-014

In re Rule

A creditor filed an objection to confirmation of the debtors' chapter 13 plan based on the plan's treatment of its 910-car claim.
Ruling: 
Debtor could not surrender "910" vehicle in full satisfaction of secured claim.
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Consumer case opionion summary, case decided on July 02,2008, LexisNexis #0808-050

In re Sydmark

In these parallel cases, the chapter 7 Trustee moved for turnover of the estate's portion of tax refunds and other property, and for rejection of attorney fee contracts.
Ruling: 
Debtor's counsel could not recover fees for postpetition services that did not benefit the estate from tax refunds that were received postpetition and were estate property.
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Consumer case opionion summary, case decided on June 20,2008, LexisNexis #0708-110

In re Padgett

Bankruptcy debtors proposed a plan which provided for bifurcation of a creditor's claim which was secured by a vehicle purchased by the debtors for their personal use within 910 days of filing bankruptcy. The creditor objected to confirmation of the debtor's plan on the ground that such bifurcation was precluded under 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Negative equity in vehicle loan was not a purchase money security interest under sate law so that bifurcation was permitted under hanging paragraph.
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Consumer case opionion summary, case decided on May 27,2008, LexisNexis #0808-025

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