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Hernandez v. Dorado (In re Dorado)

A chapter 13 trustee objected to the confirmation of a debtor's plan, rebutting the debtor's disposable income determination under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Breach of home construction contract did not give rise to nondischargeable debt.
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Consumer case opionion summary, case decided on December 16,2008, LexisNexis #0209-045

Suelflow v. Ambank (In re Suelflow)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant judgment creditor alleging that the creditor's judicial lien constituted a preferential transfer, and seeking under 11 U.S.C.S. § 522(f) to avoid the lien which impaired the debtor's homestead exemption. The debtor moved for summary judgment.
Ruling: 
Debtor could claim new higher homestead exemption in order to avoid lien filed prior to increase in amount of exemption by state.
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Consumer case opionion summary, case decided on October 10,2008, LexisNexis #0209-009

New Mexico ex rel. King v. Johnson (In re Johnson)

Plaintiff State of New Mexico filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a debt the debtor owed was nondischargeable under 11 U.S.C.S. § 523, and a judgment denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2) and (4). The State filed a motion for summary judgment.
Ruling: 
Discharge denied due to debtor's false statements and concealment of property received from deceased mother's estate.
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Consumer case opionion summary, case decided on September 24,2008, LexisNexis #0209-016

Ryan v. Andrews (In re Chrismer)

A debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff trustee filed an action against defendant company alleging that the company received a preferential transfer from the debtor under 11 U.S.C.S. § 547. The company asserted a debtor under 11 U.S.C.S. § 547(c)(9).
Ruling: 
Trustee could not recover for creditor's preference period retrieval of commercial goods worth less than $5 thousand from debtor.
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Consumer case opionion summary, case decided on September 23,2008, LexisNexis #0209-013

In re DeHoog

A debtor was ordered to show cause why her chapter 13 bankruptcy case should not have been dismissed for failure to comply with credit and budget counseling requirements of 11 U.S.C.S. § 109(h)(1) and (3).
Ruling: 
Neither counseling received more than 180 days prior to petition date nor counseling completed later in the afternoon of the petition date satisfied credit counseling requirement.
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Consumer case opionion summary, case decided on September 17,2008, LexisNexis #0209-003

Domenico v. Hooser (In re Domenico)

Plaintiff debtor filed an action against defendant sellers claiming that the sellers violated the automatic stay under 11 U.S.C.S. § 362(k)(1), by evicting him from his home post- petition and retaining the debtor's belongings. The sellers filed a motion to dismiss.
Ruling: 
Proceeding alleging eviction in violation of stay was within bankruptcy court's core jurisdiction.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #0209-021

In re Orbit Petroleum Inc.

Creditors filed a motion to dismiss alleging several deficiencies as cause for dismissal or conversion under 11 U.S.C.S. § 1112(b).
Ruling: 
Motion to dismiss or convert case denied where debtor proposed chapter 11 plan that would pay creditors in full.
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Commercial case opionion summary, case decided on September 05,2008, LexisNexis #1208-126

In re Price

Debtor filed a motion to modify her confirmed chapter 11 plan. Two creditors objected to the motion, asserting, among other things, that the debtor could not seek to modify her plan post-confirmation because her confirmed plan had been substantially consummated, and that the debtor failed to demonstrate that the plan as modified was feasible.
Ruling: 
Motion for modification denied on grounds of substantial completion.
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Consumer case opionion summary, case decided on May 08,2008, LexisNexis #0608-067

FTC v. Abeyta (In re Abeyta)

Plaintiff Federal Trade Commission (FTC) sought summary judgment on a claim that a prior judgment (Judgment) rendered on summary judgment against debtor for violations of § 5(a) of the Federal Trade Commission Act, 15 U.S.C.S. § 13(b), was nondischargeable in debtor's chapter 11 under 11 U.S.C.S. § 523(a)(2)(A). At issue was whether the Judgment collaterally estopped debtor from contesting the FTC claim that the Judgment was nondischargeable.
Ruling: 
Judgment for FTC violations was nondischargeable.
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Consumer case opionion summary, case decided on May 08,2008, LexisNexis #0608-045

In re Splawn

Debtors filed a petition under chapter 7 of the Bankruptcy Code, and a creditor filed an adversary proceeding, seeking an order denying the debtors' discharge. The court denied the debtors' discharge, and the debtors filed a motion under 11 U.S.C.S. § 706, seeking an order allowing them to convert their case to one under chapter 13 of the Bankruptcy Code. The creditor filed an objection to the debtors' motion.
Ruling: 
Chapter 7 debtors who were denied discharge on grounds of bad faith forfeited right to convert to chapter 13.
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Consumer case opionion summary, case decided on April 25,2008, LexisNexis #0608-117

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