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In re Williams

In consolidated proceedings, the standing chapter 13 Trustee (Trustee) objected to plan confirmation in three separate cases. The parties in these cases contested the meaning of the phrases "projected disposable income" (PDI) and "applicable commitment period" (ACP) in 11 U.S.C.S. § 1325(b)(1)(B) as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).
Ruling: 
Confirmation denied due to plan's failure to pay projected disposable income to unsecured creditors.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1008-089

In re Smith

Creditor, the mortgagee by assignment of the debtor, filed an emergency motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(4) or , in the alternative, for an order dismissing the debtor's case under 11 U.S.C.S. § 1307(c), and to bar her from refiling for a period of 180 days. The motions were premised on the fact that the debtor had filed six bankruptcy petitions in the court since 2003, only one of which was successful.
Ruling: 
Debtor's sixth case in five years dismissed with 180-day filing bar due to prejudice to foreclosing creditor.
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Consumer case opionion summary, case decided on September 11,2008, LexisNexis #1208-049

Williamson v. Sherlock (In re Sherlock)

Chapter 7 trustee sought review of a decision of a bankruptcy court, which declined to apply the doctrine of marshaling to collect the pre-petition portion of appellee debtors'income tax refund that was offset by the Internal Revenue Service (IRS).
Ruling: 
Bankruptcy court properly declined to apply marshaling doctrine to collect prepetition income tax refund offset by IRS.
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Consumer case opionion summary, case decided on September 11,2008, LexisNexis #1008-011

Affordable Bail Bonds Inc. v. Sandoval (In re Sandoval)

Appellant bail bondsman obtained a default judgment against appellee debtor. The bondsman brought an adversary proceeding and sought a determination that the debtor's debt was nondischargeable under 11 U.S.C.S. § 523(a)(7). The bankruptcy court held that 11 U.S.C.S. § 523(a)(7) did not apply. The District Court for the Northern District of Oklahoma granted the bondsman's motion to appeal directly to the appellate court.
Ruling: 
Bankrtuptcy court properly held that debt owed to bail bondsman when criminal jumped bail was dischargeable as there was no obligation owing to the government.
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Consumer case opionion summary, case decided on September 11,2008, LexisNexis #1008-009

In re Orbit Petroleum Inc.

Creditors filed a motion to dismiss alleging several deficiencies as cause for dismissal or conversion under 11 U.S.C.S. § 1112(b).
Ruling: 
Motion to dismiss or convert case denied where debtor proposed chapter 11 plan that would pay creditors in full.
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Commercial case opionion summary, case decided on September 05,2008, LexisNexis #1208-126

Rodriguez v. DaimlerChrysler Fin. Servs. Americas LLC (In re Bremer)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid a lien as a preference under 11 U.S.C.S. § 547(b). The trustee contended that the transfer of the lien against the debtor's vehicle was untimely perfected. The trustee moved for partial summary judgment.
Ruling: 
Trustee entitled to avoid nonpossessory lien interest although recovery of value not necessary.
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Consumer case opionion summary, case decided on August 29,2008, LexisNexis #1008-046

In re Vogeler

The United States Trustee filed a motion to dismiss a chapter 7 debtor's bankruptcy case pursuant to 11 U.S.C.S. § 707(b), alleging that the totality of the circumstances demonstrated abuse under § 707(b)(3).
Ruling: 
Case dismissed for abuse where debtor failed to use postpetition lottery winnings to reduce debts.
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Consumer case opionion summary, case decided on August 28,2008, LexisNexis #1008-122

In re Hoss

In two cases, the trustees objected to confirmation of chapter 13 plans because debtors had proposed to deduct as expenses, on Line 47 of Official Bankr. Form B22C, secured debt payment amounts on original, unmodified contracts despite the fact that the actual sums to be paid on the subject debts was being reduced by cram-down or strip-off. At issue was the proper interpretation of 11 U.S.C.S. § 1325(b)(1)(B) and 11 U.S.C.S. § 707(b)(2)(A)(iii).
Ruling: 
Above-median debtors intending to retain collateral can deduct only amounts likely to be paid to secured creditors under plan.
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Consumer case opionion summary, case decided on August 20,2008, LexisNexis #0908-015

In re Hermesch Entities I

The debtors filed for relief under chapter 12 of the Bankruptcy Code and a plan was approved. The creditor filed a motion for an administrative claim for reimbursement of insurance proceeds.
Ruling: 
Claim for insurance premiums that were not part of postpetition transaction and did not benefit estate was not entitled to administrative expense status.
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Commercial case opionion summary, case decided on August 19,2008, LexisNexis #0908-117

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

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