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In re Goldsboro

Two pairs of debtors had filed for relief under chapter 7 of the Bankruptcy Code. In both proceedings, a chapter 7 trustee, filed a motion for the debtors' to turnover payments they received under the Economic Stimulus Act of 2008, Pub. L. No. 110-185, 122 Stat. 613, as property of the estate, pursuant to 11 U.S.C.S. §§ 521 and 542. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Debtors' economic stimulus payments were property of the estate and subject to turnover.
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Consumer case opionion summary, case decided on September 26,2008, LexisNexis #0109-016

New Mexico ex rel. King v. Johnson (In re Johnson)

Plaintiff State of New Mexico filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a debt the debtor owed was nondischargeable under 11 U.S.C.S. § 523, and a judgment denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2) and (4). The State filed a motion for summary judgment.
Ruling: 
Discharge denied due to debtor's false statements and concealment of property received from deceased mother's estate.
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Consumer case opionion summary, case decided on September 24,2008, LexisNexis #0209-016

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

Ryan v. Andrews (In re Chrismer)

A debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff trustee filed an action against defendant company alleging that the company received a preferential transfer from the debtor under 11 U.S.C.S. § 547. The company asserted a debtor under 11 U.S.C.S. § 547(c)(9).
Ruling: 
Trustee could not recover for creditor's preference period retrieval of commercial goods worth less than $5 thousand from debtor.
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Consumer case opionion summary, case decided on September 23,2008, LexisNexis #0209-013

Hook v. Commissioner (In re Hook)

Appellant debtors commenced an adversary proceeding against appellee, the Commissioner of Internal Revenue (IRS), seeking a determination of their federal income tax liabilities for the tax years 1992 through 2006, and appealed from an order of the United States Bankruptcy Court for the District of Colorado dismissing the adversary proceeding with respect to 1992- 1996.
Ruling: 
Tax determination proceeding properly dismissed given dismissal of underlying chapter 11 claim.
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Consumer case opionion summary, case decided on September 18,2008, LexisNexis #1008-016

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 DeHoog

A debtor was ordered to show cause why her chapter 13 bankruptcy case should not have been dismissed for failure to comply with credit and budget counseling requirements of 11 U.S.C.S. § 109(h)(1) and (3).
Ruling: 
Neither counseling received more than 180 days prior to petition date nor counseling completed later in the afternoon of the petition date satisfied credit counseling requirement.
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Consumer case opionion summary, case decided on September 17,2008, LexisNexis #0209-003

In re Pfeiler

The debtors filed for relief under chapter 13 and submitted a proposed first plan and an amended plan. A chapter 13 trustee filed objections to confirmation of the first plan and the amended plan because the debtors did not propose a 60-month plan.
Ruling: 
Court rejected "snapshot" income analysis in holding that debtors were "above median" and required to submit plan with term of five years.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1008-127

In re Sanchez

The Standing chapter 13 trustee objected to confirmation of the plan of an above-median-income debtor on the grounds that it was not a 60-month plan as required under 11 U.S.C.S. § 1325(b)(4).
Ruling: 
Above-median debtor's plan could not be confirmed as proposing only partial repayment of unsecured creditors over less than five years.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1008-128

Domenico v. Hooser (In re Domenico)

Plaintiff debtor filed an action against defendant sellers claiming that the sellers violated the automatic stay under 11 U.S.C.S. § 362(k)(1), by evicting him from his home post- petition and retaining the debtor's belongings. The sellers filed a motion to dismiss.
Ruling: 
Proceeding alleging eviction in violation of stay was within bankruptcy court's core jurisdiction.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #0209-021

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