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Schlueter v. State Farm Mut. Ins. Co. (In re Schlueter)

Plaintiff debtor challenged an order of the U.S. Bankruptcy Court for the District of Colorado which granted summary judgment to defendant claimant. At issue was the bankruptcy court's finding that 11 U.S.C.S. § 523(a)(3)(A) precluded debtor's discharge of the claimant's unlisted claim.
Ruling: 
Bankruptcy court erred in holding unlisted claim nondischargeable given disputed factual issue of debtor's knowledge of claim.
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Consumer case opionion summary, case decided on July 14,2008, LexisNexis #0808-063

Wachovia Dealer Servs. v. Jones (In re Jones)

Appellants, creditors in five chapter 13 bankruptcy proceedings, sought review of the U.S. Bankruptcy Panel of the Tenth Circuit's confirmation of appellee debtors' reorganization plans. All five cases involved 910 car loans. The creditors objected to the plans, arguing that they were entitled to postpetition interest on their claims under 11 U.S.C.S. § 1325(a)(5)(B)(ii). The federal bankruptcy court overruled the creditors' objections.
Ruling: 
"910 vehicle" loans are allowed secured claims which may accrue postpetition interest.
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Consumer case opionion summary, case decided on July 07,2008, LexisNexis #0908-057

In re Francisco

Appellant debtor sought review of a decision of the United States Bankruptcy Court for the District of New Mexico, which dismissed her chapter 13 petition for failure to timely obtain credit counseling under 11 U.S.C.S. § 109(h)(1).
Ruling: 
Credit counseling obtained on petition date satisfied "180 days preceeding date of filing" requirement.
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Consumer case opionion summary, case decided on July 02,2008, LexisNexis #0708-106

In re Rule

A creditor filed an objection to confirmation of the debtors' chapter 13 plan based on the plan's treatment of its 910-car claim.
Ruling: 
Debtor could not surrender "910" vehicle in full satisfaction of secured claim.
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Consumer case opionion summary, case decided on July 02,2008, LexisNexis #0808-050

In re Hale-Halsell Co.

Counsel for a committee of unsecured creditors of a chapter 11 debtor filed a motion for approval of its compromise with the United States Trustee, which sought to adjust a fee arrangement under 11 U.S.C.S. § 328(a) to increase the amount of compensation paid to it.
Ruling: 
Creditor's committee's counsel's application for enhanced fee denied.
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Commercial case opionion summary, case decided on July 01,2008, LexisNexis #0808-057

Burckhalter v. Burckhalter (In re Burckhalter)

Plaintiff ex-wife filed a Fed. R. Civ. P. 56 motion for summary judgment on her adversary complaint seeking a determination that defendant debtor's child support arrearage and credit card debt covered under the divorce decree were nondischargeable under 11 U.S.C.S. § 523(a)(5) and (15).
Ruling: 
Debtor's obligation pursuant to divorce decree to pay marital credit card debt was nondischargeable.
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Consumer case opionion summary, case decided on June 23,2008, LexisNexis #0708-078

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 Perez

Counsel filed an application pursuant to 11 U.S.C.S. § 330(a) for approval of and authorization to pay professional fees and reimbursement of expenses. Counsel served as special counsel to the debtor-in-possession, representing her during her chapter 11 in an appeal of a judgment against her and others in Louisiana state court. A creditor and the chapter 7 Trustee objected.
Ruling: 
Fee application of special counsel to debtor-in-possession in appeal of state court judgment denied due to failure to disclose agreement to represent co-defendants for free.
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Consumer case opionion summary, case decided on June 12,2008, LexisNexis #0708-097

Rodriguez v. Whatcott (In re Walker)

Chapter 7 Trustee filed an adversary proceeding against defendant creditor seeking to avoid a transfer under 11 U.S.C.S. § 547(b). The transfer occurred when the creditor's judgment lien was recorded against real property owned by the debtor. The parties disagreed only as to whether the Trustee established the requirement of 11 U.S.C.S. § 547(b)(5).
Ruling: 
Recording of judgment lien was an avoidable transfer.
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Consumer case opionion summary, case decided on June 12,2008, LexisNexis #0708-082

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

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