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DaimlerChrysler Fin. Servs. Americas LLC v. Ballard (In re Ballard

Appellant company objected to the confirmation of appellees, debtors', plans in two chapter 13 bankruptcy proceedings. Because the proceedings involved the same legal issue, whether surrender of the debtors' vehicles fully satisfied the company's claim under the retail installment contracts, the bankruptcy court consolidated argument and overruled the company's objections. The Bankruptcy Appellate Panel of the Tenth Circuit affirmed.
Ruling: 
Creditor entitled to pursue unsecured claim for deficiency on "910 vehicle" pursuant to contract and state law.
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Consumer case opionion summary, case decided on May 19,2008, LexisNexis #0608-056

In re Robinson

The matter was before the court on a creditor's objection to confirmation of debtor's chapter 13 plan. The creditor claimed the plan had not been proposed in good faith and thus could not be confirmed pursuant to 11 U.S.C.S. § 1325(a)(3).
Ruling: 
Refiling case to qualify for favorable treatment under hanging paragraph was not grounds for bad faith dismissal.
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Consumer case opionion summary, case decided on May 16,2008, LexisNexis #0708-021

Markus v. Fried (In re Geneva Steel LLC)

Plaintiffs, a chapter 11 trustee and others, filed an adversary proceeding against defendants, a Delaware corporation and others, seeking an order avoiding the transfer of real property to the Delaware corporation. The parties filed cross-motions for summary judgment on the issue of whether the two-year statute of limitations imposed by 11 U.S.C.S. § 546(a) had expired.
Ruling: 
Two-year statute of limitations for avoidance of transfer was tolled due to debtor's nondisclosure.
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Commercial case opionion summary, case decided on May 14,2008, LexisNexis #0608-064

Jagow v. Top Hill LLC (In re Townhomes at Hill Top LLC)

Defendant creditors filed a motion for withdrawal of the reference under 28 U.S.C.S. § 157(d) to the bankruptcy court of plaintiff trustee's action for a declaratory judgment that the plans and records in the possession were estate property free from liens.
Ruling: 
Complaint for declaratory judgment that plans and records were estate property was a core proceeding not subject to mandatory withdrawal of reference.
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Commercial case opionion summary, case decided on May 14,2008, LexisNexis #0708-034

In re Price

Debtor filed a motion to modify her confirmed chapter 11 plan. Two creditors objected to the motion, asserting, among other things, that the debtor could not seek to modify her plan post-confirmation because her confirmed plan had been substantially consummated, and that the debtor failed to demonstrate that the plan as modified was feasible.
Ruling: 
Motion for modification denied on grounds of substantial completion.
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Consumer case opionion summary, case decided on May 08,2008, LexisNexis #0608-067

In re Ford

Chapter 13 debtors submitted a plan, to which the creditor, which financed the debtors' purchase of a pickup truck, objected to the plan under the provisions of the hanging paragraph of 11 U.S.C.S. § 1325(a). The issue was whether the creditor's payoff of the balance on the debtors' trade-in vehicle was included as part of the purchase money security interest acquired by the creditor, and was thus not subject to cramdown under 11 U.S.C.S. § 506.
Ruling: 
Negative equity was included in purchase money security interest in auto due to state law provisions and was not subject to cramdown.
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Consumer case opionion summary, case decided on May 08,2008, LexisNexis #0608-126

FTC v. Abeyta (In re Abeyta)

Plaintiff Federal Trade Commission (FTC) sought summary judgment on a claim that a prior judgment (Judgment) rendered on summary judgment against debtor for violations of § 5(a) of the Federal Trade Commission Act, 15 U.S.C.S. § 13(b), was nondischargeable in debtor's chapter 11 under 11 U.S.C.S. § 523(a)(2)(A). At issue was whether the Judgment collaterally estopped debtor from contesting the FTC claim that the Judgment was nondischargeable.
Ruling: 
Judgment for FTC violations was nondischargeable.
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Consumer case opionion summary, case decided on May 08,2008, LexisNexis #0608-045

In re Andrews

Debtors filed a motion for turnover of a portion of their 2007 income tax refunds, and the chapter 7 trustee requested that the amount of the tax refund be offset by a portion of the stimulus payment expected pursuant to the Economic Stimulus Act of 2008, Pub. L. No. 110-185, 122 Stat. 613.
Ruling: 
Payment under Economic Stimulus Act 2008 was not property of the estate where the legislation had not yet been enacted on petition date.
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Consumer case opionion summary, case decided on May 06,2008, LexisNexis #0608-047

In re Hays

A trustee objected to confirmation of the debtors' chapter 13 plan.
Ruling: 
Plan confirmation denied due to debtors' inclusion of expenses for adult daughter and fiance in means test calculation.
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Consumer case opionion summary, case decided on April 29,2008, LexisNexis #0608-016

In re Splawn

Debtors filed a petition under chapter 7 of the Bankruptcy Code, and a creditor filed an adversary proceeding, seeking an order denying the debtors' discharge. The court denied the debtors' discharge, and the debtors filed a motion under 11 U.S.C.S. § 706, seeking an order allowing them to convert their case to one under chapter 13 of the Bankruptcy Code. The creditor filed an objection to the debtors' motion.
Ruling: 
Chapter 7 debtors who were denied discharge on grounds of bad faith forfeited right to convert to chapter 13.
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Consumer case opionion summary, case decided on April 25,2008, LexisNexis #0608-117

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