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In re Engles

When a reaffirmation agreement for a vehicle loan was not executed or filed by a creditor, that debt was discharged. The debtors filed a motion for relief from the discharge order under Fed. R. Civ. P. 60(b)(1) or (6) and Fed. R. Bankr. P. 9024 and a request for approval of the reaffirmation agreement.
Ruling: 
Debtors could not obtain revocation of own discharge.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-017

Miller v. Martin (In re Gross)

In an earlier proceeding the court entered judgment in favor of plaintiff trustee against defendant transferee, in the amount of $13,806, plus interest, and avoiding a mortgage to the transferee on the grounds that the transactions were preferential, pursuant to 11 U.S.C. § 547. The trustee filed a motion for interest, and to amend the judgment to include costs and prejudgment interest from the date of demand of disgorgement.
Ruling: 
Trustee awarded costs on avoidance of portion of prepetition transfer declared preferential.
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Consumer case opionion summary, case decided on January 02,2008, LexisNexis #0208-105

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