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Beaumont v. United States ex. Dept. of Veterans Affairs (In re Beaumont)

In an appeal from an adversary proceeding, appellant debtor sought judicial review of the bankruptcy court's finding that the recoupment and offset of his disability benefits by appellee, the United States of America, ex rel., Department of Veterans Affairs (VA), did not violate the automatic stay provision of 11 U.S.C.S. § 362 nor the discharge order entered in his bankruptcy case under 11 U.S.C.S. § 524.
Ruling: 
Recoupment and offset of disability benefits by Department of Veterans Affairs did not violate stay.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-027

Bankruptcy Estate of Elliott v. Oklahoma ex rel. Dept of Corrections

Plaintiff trustee of the bankruptcy estate of a former employee brought an action against defendant state employer under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., alleging that the employee was constructively discharged based on a racially hostile and harassing work environment. The employer moved for summary judgment.
Ruling: 
Trustee's civil rights action against debtor's employer on behalf of estate was not barred by debtor's nondisclosure.
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #1108-065

In re Cleveland

Claimants were engaged in the business of purchasing and servicing unsecured bankruptcy receivables through blanket assignments, and the claimants filed proofs of claim in debtors' bankruptcies. The debtors objected to the proofs of claim on the grounds that the claimants did not establish legal ownership of the debts and that the claims were unenforceable under state law.
Ruling: 
Purchaser and servicer of unsecured bankruptcy receivables sufficiently established ownership of claims objected to by debtors.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1108-006

In re Hermesch Entities I

The debtors filed for relief under chapter 12 of the Bankruptcy Code and a plan was approved. The creditor filed a motion for an administrative claim for reimbursement of insurance proceeds.
Ruling: 
Claim for insurance premiums that were not part of postpetition transaction and did not benefit estate was not entitled to administrative expense status.
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Commercial case opionion summary, case decided on August 19,2008, LexisNexis #0908-117

Beaumont v. United States (In re Beaumont)

Plaintiff Chapter 7 debtor filed an adversary proceeding against defendant United States Government, seeking a judgment finding that the U.S. Department of Veterans Affairs (VA) violated 11 U.S.C.S. §§ 362 and 524 when it withheld disability benefits after he declared bankruptcy. The case was tried to the court.
Ruling: 
Withholding of benefits by U.S. Department of Veterans Affairs did not violate stay due to debtor's failure to fulfill obligation to report finances.
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Consumer case opionion summary, case decided on August 07,2008, LexisNexis #0908-019

In re Hale-Halsell Co.

Counsel for a committee of unsecured creditors of a chapter 11 debtor filed a motion for approval of its compromise with the United States Trustee, which sought to adjust a fee arrangement under 11 U.S.C.S. § 328(a) to increase the amount of compensation paid to it.
Ruling: 
Creditor's committee's counsel's application for enhanced fee denied.
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Commercial case opionion summary, case decided on July 01,2008, LexisNexis #0808-057

In re Povey

A chapter 13 trustee filed objections, pursuant to 11 U.S.C.S. § 502(b)(1), to a creditor's proofs of claim.
Ruling: 
Trustee's objections to proofs of claim sustained due to failure to attach writings or complete assignment documentation.
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Consumer case opionion summary, case decided on April 09,2008, LexisNexis #0508-043

Garland v. United States (In re Garland)

Plaintiff, the United States Trustee, sought a denial of a chapter 7 debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2), § 727(a)(4)(A), and § 727(a)(5). The debtor filed a complaint against the Internal Revenue Service (IRS) asking that a judgment be entered under 11 U.S.C.S. § 523(a)(1) and seeking a determination that certain federal income tax liabilities be discharged in his chapter 7 bankruptcy.
Ruling: 
Attorney debtor's ongoing concealment of property resulted in denial of discharge.
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Consumer case opionion summary, case decided on March 31,2008, LexisNexis #0408-135

Jim Wynn Inc. v. Ratliff (In re Ratliff)

Plaintiff, defendant debtor's former employer, filed an adversary proceeding against the debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4) for alleged embezzlement of corporate funds.
Ruling: 
Debtor office manager's embezzlement from employer resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on March 07,2008, LexisNexis #0408-112

In re Chalakee

Creditors filed proofs of claim asserting that bankruptcy debtors owed credit card debt to the creditors, and the debtors objected to the creditors' claims on the ground that the amounts claimed to be owed were disputed.
Ruling: 
Debtors' objections to creditors' proofs of claim for credit card debt overruled.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-008

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