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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

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

In re Potter

A bank filed a motion requesting the court to enter sanctions for violations of the automatic stay against another creditor under 11 U.S.C.S. § 105 based on the creditor's continued prosecution of a state court action.
Ruling: 
Creditor sanctioned for prosecuting state court action against another creditor in violation of stay.
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Consumer case opionion summary, case decided on April 16,2008, LexisNexis #0608-026

In re Aerobox Composite Structures LLC

The debtor's filed a motion to impose sanctions for violations of stay under 11 U.S.C.S. § 362 against the debtor's former employee for actions in connection with a proceeding before the Human Rights Commission (NM-HRC), which was part of the State of New Mexico Department of Labor, Human Rights Division. The employee had filed a discrimination complaint after she was terminated that resulted in a judgment against the debtor.
Ruling: 
Proceeding before state human rights commission was an exercise of police and regulatory power and did not violate stay.
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Commercial case opionion summary, case decided on April 10,2008, LexisNexis #0508-077

In re Potter

A bankruptcy debtor owned real property consisting of three tracts which were subject to a covenant that the tracts could not be sold separately, and the debtor transferred the property to a trust by quitclaim deed. A bank secured by one of the tracts, and a homeowners' association (HOA) which claimed a lien against the property for unpaid assessments, moved for relief from the bankruptcy stay under 11 U.S.C.S. § 362(d) to pursue foreclosure.
Ruling: 
Relief from stay to allow foreclosure granted but execution precluded until resolution of fraudulent transfer proceeding.
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Consumer case opionion summary, case decided on March 19,2008, LexisNexis #0408-098

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