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In re Miller

Pursuant to 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5), a creditor objected to the debtors' chapter 13 plan on the basis that it failed to pay the full amount of the creditor's secured claim in a vehicle.
Ruling: 
Confirmation denied where plan proposed paying less than full value of purchase money security interest in "910 vehicle" even after exclusion of negative equity, gap insurance and administrative fees.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0309-089

In re Tabares

The debtors filed for relief under chapter 13 of the Bankruptcy Code. A bank filed a claim, which included a request for $350 in postpetition attorney fees as part of the claim. A trustee objected to the claim to the extent that it sought the attorney fees.
Ruling: 
Trustee's objection to mortgagee's attorneys' fees sustained absent necessary contractual provision.
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Consumer case opionion summary, case decided on December 15,2008, LexisNexis #0309-079

In re Sydmark

In these parallel cases, the chapter 7 Trustee moved for turnover of the estate's portion of tax refunds and other property, and for rejection of attorney fee contracts.
Ruling: 
Debtor's counsel could not recover fees for postpetition services that did not benefit the estate from tax refunds that were received postpetition and were estate property.
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Consumer case opionion summary, case decided on June 20,2008, LexisNexis #0708-110

In re Padgett

Bankruptcy debtors proposed a plan which provided for bifurcation of a creditor's claim which was secured by a vehicle purchased by the debtors for their personal use within 910 days of filing bankruptcy. The creditor objected to confirmation of the debtor's plan on the ground that such bifurcation was precluded under 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Negative equity in vehicle loan was not a purchase money security interest under sate law so that bifurcation was permitted under hanging paragraph.
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Consumer case opionion summary, case decided on May 27,2008, LexisNexis #0808-025

In re Robinson

The matter was before the court on a creditor's objection to confirmation of debtor's chapter 13 plan. The creditor claimed the plan had not been proposed in good faith and thus could not be confirmed pursuant to 11 U.S.C.S. § 1325(a)(3).
Ruling: 
Refiling case to qualify for favorable treatment under hanging paragraph was not grounds for bad faith dismissal.
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Consumer case opionion summary, case decided on May 16,2008, LexisNexis #0708-021

In re Hays

A trustee objected to confirmation of the debtors' chapter 13 plan.
Ruling: 
Plan confirmation denied due to debtors' inclusion of expenses for adult daughter and fiance in means test calculation.
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Consumer case opionion summary, case decided on April 29,2008, LexisNexis #0608-016

In re Law

Debtor's chapter 13 matter was before the court on the trustee's objection to confirmation of plan.
Ruling: 
Confirmation denied due to improper deductions on Form 22C including expenses for unencumbered vehicle.
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Consumer case opionion summary, case decided on April 24,2008, LexisNexis #0508-085

In re Allen

The matter was before the court on the trustee's objection to confirmation of debtors' chapter 13 plan.
Ruling: 
Debtors could claim full amount of car payments as expenses in means test rather than "cram down" amounts proposed in plan.
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Consumer case opionion summary, case decided on February 15,2008, LexisNexis #0308-091

Reynolds v. Reynolds (In re Reynolds)

A chapter 13 debtor filed a motion for an order to show cause why a creditor and its employee should not be held in contempt of court for violating the automatic stay, 11 U.S.C.S. § 362.
Ruling: 
Guardian ad litem and state court judge willfully violated stay by causing contempt citation to be issued against debtor for non-payment of fees.
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Consumer case opionion summary, case decided on February 08,2008, LexisNexis #0308025

In re Bingham

The chapter 7 trustee filed an objection to the debtor's claim of a homestead exemption under Kansas law, asserting that the debtor had not been domiciled in Kansas for the 730 days (2 years) prior to her filing a bankruptcy petition.
Ruling: 
Debtor who did not meet residency requirement could not claim state homestead exemption.
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Consumer case opionion summary, case decided on January 18,2008, LexisNexis #0208-115