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Bennett v. Society of Lloyds (In re Bennett)

Debtor filed an adversary proceeding against appellee judgment creditor, seeking an order allowing him to offset the amount of a judgment the creditor obtained in a district court by the amount of a judgment that was entered by a British court. The bankruptcy court found that the action was frivolous, and it ordered the debtor's attorney to pay the creditor's attorney fees in the amount of $ 23,305. The debtor's attorney appealed.
Ruling: 
Sanctions against debtor's attorney for filing frivolous proceeding upheld and fees awarded to creditor for defending appeal.
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Consumer case opionion summary, case decided on September 24,2008, LexisNexis #1008-105

In re C.W. Mining Co.

One of the three creditors that filed an involuntary bankruptcy petition against the putative debtor, moved for partial summary judgment regarding their eligibility to commence the involuntary case, based upon their holding undisputed claims against the debtor, under 11 U.S.C.S. § 303(b). The debtor argued that it had tendered payment in full to one of the three creditors, and that its claim was thus not bona fide.
Ruling: 
Creditor that did not receive involuntary debtor's check for balance of debt until after petition date was an eligible petitioning creditor.
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Commercial case opionion summary, case decided on September 17,2008, LexisNexis #1208-107

In re Parker

The successor creditor, the successor in interest to the original creditor of the debtor, moved to reopen the debtor's chapter 7 bankruptcy case, and moved for relief from a judgment entered in favor of the debtor and against the creditors seven years prior based on violations of the automatic stay and the discharge injunction, which judgment the creditor claimed was void, under Fed. R. Civ. P. 60(b)(4).
Ruling: 
Case reopened after seven years and sanctions for stay violation vacated due to improper service.
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Consumer case opionion summary, case decided on August 14,2008, LexisNexis #1108-069

Distad v. United States (In re Distad)

Plaintiff debtor, appearing pro se, brought claims against defendant United States Internal Revenue Service (IRS) alleging that its efforts to collect his 1992 income tax liability, which was discharged in bankruptcy, constituted a violation of his bankruptcy discharge injunction under 11 U.S.C.S. § 524(a). The court considered what remedies were available to the taxpayer.
Ruling: 
Post-Young efforts by IRS to collect taxes owed outside of revised look-back period violated stay.
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Consumer case opionion summary, case decided on August 08,2008, LexisNexis #0808-135

In re Espinoza

After debtors, a married couple, sought confirmation of their proposed chapter 13 plan, a secured creditor filed an objection claiming that the plan was not properly confirmed because it failed to provide for "equal monthly payments" in an amount sufficient to adequately protect the creditor's interests during the term of the plan. At issue was whether, notwithstanding that objection, the plan complied with 11 U.S.C.S. § 1325(a)(5)(B)(iii)(I).
Ruling: 
Plan proposing "step up" in monthly payments to secured creditor could not be confirmed.
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Consumer case opionion summary, case decided on August 01,2008, LexisNexis #0808-120

In re Espinoza

A creditor objected to the confirmation of the debtors' proposed chapter 13 plan on the ground that the plan's unequal monthly payments did not comply with 11 U.S.C.S. § 1325(a)(4)(B)(iii)(I).
Ruling: 
Plan calling for two-tiered payments did not meet requirement of equal monthly payments on allowed secured claims and could not be confirmed.
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Consumer case opionion summary, case decided on August 01,2008, LexisNexis #1008-015

Markus v. Fried (In re Geneva Steel LLC)

Plaintiffs, a chapter 11 trustee and others, filed an adversary proceeding against defendants, a Delaware corporation and others, seeking an order avoiding the transfer of real property to the Delaware corporation. The parties filed cross-motions for summary judgment on the issue of whether the two-year statute of limitations imposed by 11 U.S.C.S. § 546(a) had expired.
Ruling: 
Two-year statute of limitations for avoidance of transfer was tolled due to debtor's nondisclosure.
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Commercial case opionion summary, case decided on May 14,2008, LexisNexis #0608-064

In re Andrews

Debtors filed a motion for turnover of a portion of their 2007 income tax refunds, and the chapter 7 trustee requested that the amount of the tax refund be offset by a portion of the stimulus payment expected pursuant to the Economic Stimulus Act of 2008, Pub. L. No. 110-185, 122 Stat. 613.
Ruling: 
Payment under Economic Stimulus Act 2008 was not property of the estate where the legislation had not yet been enacted on petition date.
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Consumer case opionion summary, case decided on May 06,2008, LexisNexis #0608-047

In re Eneco Inc.

In a chapter 11 debtor's bankruptcy case, movant requested that the court abstain under 11 U.S.C.S. § 305, convert or dismiss the case under 11 U.S.C.S. § 1112, appoint a trustee under 11 U.S.C.S. § 1104, or grant relief from the automatic stay under 11 U.S.C.S. § 362(d).
Ruling: 
Chapter 11 trustee appointed due to debtor's failure to respond to request for production and due to alleged preference transaction.
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Commercial case opionion summary, case decided on March 21,2008, LexisNexis #0508-049

In re Austin

The debtors in a chapter 13 bankruptcy case objected to the proof of claim filed by a creditor on the ground that it included the amount of negative equity financed during their purchase and financing of a van through the creditor.
Ruling: 
"910" vehicle loan protected from bifurcation as inclusion of negative equity did not defeat purchase money status.
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Consumer case opionion summary, case decided on February 12,2008, LexisNexis #0308-094