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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

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 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