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Scrivner v. Mashburn (In re Scrivner)

Appellants, debtors who disclosed in their petition but did not claim as exempt an interest in television program revenues, appealed the judgment of the Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Tenth Circuit (BAP), affirming a bankruptcy court's authorization post-discharge of a surcharge for post-petition distributions of the revenues, and the BAP's refusal to decide whether the debtors' distributions were exempt.
Ruling: 
Bankruptcy court did not have authority to approve surcharge for postpetition distribution of television revenues.
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Consumer case opionion summary, case decided on August 08,2008, LexisNexis #0908-018

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

Beaumont v. United States (In re Beaumont)

Plaintiff Chapter 7 debtor filed an adversary proceeding against defendant United States Government, seeking a judgment finding that the U.S. Department of Veterans Affairs (VA) violated 11 U.S.C.S. §§ 362 and 524 when it withheld disability benefits after he declared bankruptcy. The case was tried to the court.
Ruling: 
Withholding of benefits by U.S. Department of Veterans Affairs did not violate stay due to debtor's failure to fulfill obligation to report finances.
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Consumer case opionion summary, case decided on August 07,2008, LexisNexis #0908-019

In re Espinoza

After debtors, a married couple, sought confirmation of their proposed chapter 13 plan, a secured creditor filed an objection claiming that the plan was not properly confirmed because it failed to provide for "equal monthly payments" in an amount sufficient to adequately protect the creditor's interests during the term of the plan. At issue was whether, notwithstanding that objection, the plan complied with 11 U.S.C.S. § 1325(a)(5)(B)(iii)(I).
Ruling: 
Plan proposing "step up" in monthly payments to secured creditor could not be confirmed.
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Consumer case opionion summary, case decided on August 01,2008, LexisNexis #0808-120

In re Espinoza

A creditor objected to the confirmation of the debtors' proposed chapter 13 plan on the ground that the plan's unequal monthly payments did not comply with 11 U.S.C.S. § 1325(a)(4)(B)(iii)(I).
Ruling: 
Plan calling for two-tiered payments did not meet requirement of equal monthly payments on allowed secured claims and could not be confirmed.
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Consumer case opionion summary, case decided on August 01,2008, LexisNexis #1008-015

Pearson v. Stewart (In re Pearson)

Appellants, chapter 13 debtors, challenged an order of the Bankruptcy Court for the District of Wyoming confirming debtors' third amended plan on the ground that the bankruptcy court had erred in denying confirmation of their prior proposed plan in which they claimed vehicle acquisition allowances for two vehicles. The proper interpretation and application of the "means test" in 11 U.S.C.S. § 707(b)(2)(A)(ii)(I) was at issue.
Ruling: 
Bankruptcy court erred in denying debtor's ownership expense on vehicle owned free and clear.
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Consumer case opionion summary, case decided on July 28,2008, LexisNexis #0808-081

Paul v. Iglehart (In re Paul)

This case concerned the protective scope of the discharge injunction. Plaintiff debtors brought an adversary proceeding against defendant, a state court plaintiff, alleging violation of the discharge injunction of 11 U.S.C.S. § 524(a)(2). The District Court for the District of Colorado held that the state court plaintiff violated the discharge injunction. The state court plaintiff appealed.
Ruling: 
Continuation of litigation in which debtors were nominal defendants including pursuit of discovery did not violate discharge injunction.
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Consumer case opionion summary, case decided on July 28,2008, LexisNexis #0808-099

In re DeThample

Debtors, a husband and wife, filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A bankruptcy trustee was appointed to represent the bankruptcy estate, and she filed an objection to the debtors' plan, claiming, inter alia, that it should not be confirmed because the debtors failed to include a disbursement the wife received from a 401(k) plan when they calculated their projected disposable income.
Ruling: 
Singular nonrecurring 401(k) distribution could be overlooked in computing debtors' current monthly income.
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Consumer case opionion summary, case decided on July 24,2008, LexisNexis #0908-014

Strong v. Western United Life Assurance Co. (In re Tri-Valley Distrib.)

Plaintiff debtors and unsecured creditors sued defendant company, alleging, inter alia, fraudulent transfer and negligent lending stemming from a loan to a creditor. The United States Bankruptcy Appellate Panel for the Tenth Circuit affirmed a bankruptcy court's order denying the company's motion to dismiss as to claims related to a transferred property, but dismissing all other claims. The parties cross-appealed and moved to dismiss the appeals.
Ruling: 
Order that did not fully resolve adversary proceeding was not a final appealable order.
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Commercial case opionion summary, case decided on July 15,2008, LexisNexis #0808-069

Anstine v. Carl Zeiss Meditec AG (U.S. Medical Inc.)

Appellant trustee sued appellee creditor pursuant to 11 U.S.C.S. § 547(b)(4)(B), seeking to avoid certain transfers. The bankruptcy court held that the creditor was a nonstatutory insider under 11 U.S.C.S. § 101(31) and permitted the trustee to avoid the transfers. The United States Bankruptcy Appellate Panel reversed the bankruptcy court. The trustee appealed the judgment.
Ruling: 
Bankruptcy appellate panel properly reversed finding that creditor was an insider where creditor operated at arm's length on transfer in question.
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Commercial case opionion summary, case decided on July 15,2008, LexisNexis #0808-066

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