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Weinman v. Graves (In re Graves)

The chapter 7 Trustee appealed an order of the Bankruptcy Court for the District of Colorado denying his motion to compel the debtors to turnover the value of a pre-petition tax refund that the debtors applied to pre-payment of their 2007 taxes, prior to filing their bankruptcy case.
Ruling: 
Bankruptcy court refused to order turnover of prepetition tax refund applied as pre-payment to next year's liability.
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Consumer case opionion summary, case decided on October 22,2008, LexisNexis #1108-079

In re Hudak

A debtor filed a fourth amended chapter 13 plan of reorganization. A creditor filed a limited objection to the plan, alleging that certain provisions impermissibly modified its secured lien in contravention of 11 U.S.C.S. § 1322(b)(2) and were otherwise violative of 11 U.S.C.S. § 1322(b)(5). The creditor also alleged that 11 U.S.C.S. § 524(i) did not apply.
Ruling: 
Confirmation of debtor's fourth amended chapter 13 plan denied due to impermissible modification of creditor's secured lien.
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Consumer case opionion summary, case decided on October 20,2008, LexisNexis #1208-053

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 Brown

Debtors sought confirmation of their chapter 13 plan, but the trustee objected to the proposed 42 month plan that would not pay all unsecured creditors in full as being contrary to requirements of 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Above median debtor could not propose plan with shorter term than required that did not pay unsecured creditors in full.
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Consumer case opionion summary, case decided on October 10,2008, LexisNexis #0109-026

Connolly v. Spaulding (In re Van Vleet)

Defendant creditor asserted that he loaned money to a corporation in a foreign country in which the debtor had a one hundred percent equity interest and that because the corporation was not a party to the bankruptcy, withdrawal of the reference under 28 U.S.C.S. § 157(d) was appropriate. Plaintiff trustee objected, contending that the debtor should not be liable to the creditor.
Ruling: 
Court declined to withdraw reference of case against corporation in which debtor had 100% equity interest.
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Consumer case opionion summary, case decided on October 10,2008, LexisNexis #1108-093

Suelflow v. Ambank (In re Suelflow)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant judgment creditor alleging that the creditor's judicial lien constituted a preferential transfer, and seeking under 11 U.S.C.S. § 522(f) to avoid the lien which impaired the debtor's homestead exemption. The debtor moved for summary judgment.
Ruling: 
Debtor could claim new higher homestead exemption in order to avoid lien filed prior to increase in amount of exemption by state.
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Consumer case opionion summary, case decided on October 10,2008, LexisNexis #0209-009

Roe v. College Access Network

Appellant debtor, proceeding pro se, filed for bankruptcy after borrowing approximately $ 88,000 to attend college. Because her student loans could not be discharged absent a finding of undue hardship as provided by 11 U.S.C.S. § 523(a)(8), she brought an adversary proceeding in the bankruptcy court. The Bankruptcy Court for the District of Utah concluded that the loans could not be discharged. The debtor appealed.
Ruling: 
Bankruptcy court properly held student loan debt was nondischargeable absent evidence of alleged disability or good faith attempts to repay.
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Consumer case opionion summary, case decided on October 09,2008, LexisNexis #1108-027

Melnor Inc. v. Corey (In re Corey)

Defendant debtor challenged a decision of the Bankruptcy Court for the District of Kansas that found that defendant creditor's claim against him was non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A). The bankruptcy court granted summary judgment for the creditor because it concluded that a prior judgment that the creditor had obtained in federal district court in Virginia had determined that the debt was procured by fraud.
Ruling: 
Bankruptcy court properly held that default judgment for debtor's failure to appear at trial was nondischargeable.
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Consumer case opionion summary, case decided on October 06,2008, LexisNexis #1108-011

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

Greene v. Burke (In re Burke)

Appellee debtor filed an adversary proceeding against appellant creditor, seeking a judgment that a claim the creditor filed against the debtor's bankruptcy estate was invalid. On remand from a decision by the district court, the Bankruptcy Court for the District of Colorado sustained the debtor's objections to the creditor's claim. The creditor appealed.
Ruling: 
Bankruptcy court properly reviewed validity of state court judgment that recognized judgment against debtor by Mexican court.
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Consumer case opionion summary, case decided on September 29,2008, LexisNexis #1008-104

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