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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 Rio Valley Motors Co. LLC

An automobile dealership swapped vehicles with a bankruptcy debtor, also a dealership, and the debtor received a check for its vehicle but did not pay for the dealership's vehicle. The dealership's insurer paid the dealership for its loss and moved for allowance of an administrative claim based on the value of the vehicle delivered to the debtor.
Ruling: 
Insurer's expense in paying auto dealership for amount debtor dealer failed to pay in vehicle swap allowed as administrative expense claim.
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Commercial case opionion summary, case decided on March 24,2008, LexisNexis #0508-044

In re Zamora

A creditor objected to the debtors' motion to modify their confirmed chapter 12 plan, pursuant to 11 U.S.C.S. § 1229.
Ruling: 
Modification of chapter 12 plan denied due to failure to allege change in post-confirmation financial condition.
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Consumer case opionion summary, case decided on March 19,2008, LexisNexis #0408-087

Hunter v. Educational Res. Inst. Inc. (In re Hunter)

Plaintiff chapter 13 debtor filed an adversary proceeding against defendant creditor, seeking a judgment finding that a student debt he owed was discharged because the creditor filed an untimely proof of claim that was disallowed. The creditor filed a motion to dismiss.
Ruling: 
Student loan debt for which untimely proof of claim was disallowed could not be discharged without an adversary proceeding.
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Consumer case opionion summary, case decided on January 18,2008, LexisNexis #0208-116

In re JTSSimms LLC

The court entered an order denying the motion of creditor hedge fund for relief from the automatic stay on the ground that the collateral, a building on which the hedge fund made a bridge loan, had sufficient value (over $8.5 million) to provide equity for the creditor's interest in the property to justify not modifying the stay. The court issued additional findings of fact and conclusions of law as to the interest charged and loan fee.
Ruling: 
Contract default rate of interest awarded to oversecured creditor.
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Commercial case opionion summary, case decided on January 04,2008, LexisNexis #0208-078