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In re Law

Debtor's chapter 13 matter was before the court on the trustee's objection to confirmation of plan.
Ruling: 
Confirmation denied due to improper deductions on Form 22C including expenses for unencumbered vehicle.
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Consumer case opionion summary, case decided on April 24,2008, LexisNexis #0508-085

Parks v. Krause (In re Krause)

Plaintiffs, the U.S. and the chapter 7 trustee, filed an adversary proceeding against defendants, the debtor and his brother, seeking a determination that the debtor's substantial income tax debt should be excepted from discharge under 11 U.S.C.S. § 523(a)(1)(C), that trusts for the benefit of the debtor's children should be declared to be the nominees of the debtor, and that the debtor made several fraudulent transfers.
Ruling: 
Income tax debt excepted from discharge due to debtor's willful evasion.
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Consumer case opionion summary, case decided on April 21,2008, LexisNexis #0508-099

In re Potter

A bank filed a motion requesting the court to enter sanctions for violations of the automatic stay against another creditor under 11 U.S.C.S. § 105 based on the creditor's continued prosecution of a state court action.
Ruling: 
Creditor sanctioned for prosecuting state court action against another creditor in violation of stay.
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Consumer case opionion summary, case decided on April 16,2008, LexisNexis #0608-026

In re Anderson

Two creditors who had filed claims objected to the debtor's homestead exemption on the basis of 11 U.S.C.S. § 522(o), asserting that the debtor enhanced the value of his homestead by paying down his home mortgage with the proceeds of nonexempt property that he disposed of with intent to hinder, delay, or defraud his creditors within 10 years of the date of his petition.
Ruling: 
Payoff of mortgage on exempt homestead with nonexempt assets was not grounds for objection absent evidence of fraud.
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Consumer case opionion summary, case decided on April 11,2008, LexisNexis #0508-116

In re Aerobox Composite Structures LLC

The debtor's filed a motion to impose sanctions for violations of stay under 11 U.S.C.S. § 362 against the debtor's former employee for actions in connection with a proceeding before the Human Rights Commission (NM-HRC), which was part of the State of New Mexico Department of Labor, Human Rights Division. The employee had filed a discrimination complaint after she was terminated that resulted in a judgment against the debtor.
Ruling: 
Proceeding before state human rights commission was an exercise of police and regulatory power and did not violate stay.
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Commercial case opionion summary, case decided on April 10,2008, LexisNexis #0508-077

In re Povey

A chapter 13 trustee filed objections, pursuant to 11 U.S.C.S. § 502(b)(1), to a creditor's proofs of claim.
Ruling: 
Trustee's objections to proofs of claim sustained due to failure to attach writings or complete assignment documentation.
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Consumer case opionion summary, case decided on April 09,2008, LexisNexis #0508-043

Garland v. United States (In re Garland)

Plaintiff, the United States Trustee, sought a denial of a chapter 7 debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2), § 727(a)(4)(A), and § 727(a)(5). The debtor filed a complaint against the Internal Revenue Service (IRS) asking that a judgment be entered under 11 U.S.C.S. § 523(a)(1) and seeking a determination that certain federal income tax liabilities be discharged in his chapter 7 bankruptcy.
Ruling: 
Attorney debtor's ongoing concealment of property resulted in denial of discharge.
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Consumer case opionion summary, case decided on March 31,2008, LexisNexis #0408-135

In re Dagen

A chapter 13 debtor filed a motion for sanctions against his former wife, contending that the wife had improperly attempted to collect support payments from his disability income in violation of the automatic stay of 11 U.S.C.S. § 362 and his confirmed chapter 13 plan.
Ruling: 
Former spouse's post-confirmation efforts to collect debtor's post-petition support obligations did not violate stay.
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Consumer case opionion summary, case decided on March 26,2008, LexisNexis #0508-062

Sender v. Love Funeral Home (In re Potter)

Plaintiff trustee filed an adversary proceeding against defendant funeral home, alleging that a chapter 7 debtor made postpetition transfers to the funeral home that were avoidable under 11 U.S.C.S. § 549. The trustee sought an order requiring the funeral home to return money it received to the debtor's bankruptcy estate, pursuant to 11 U.S.C.S. §§ 550 and 551. The funeral home opposed the trustee's action.
Ruling: 
Payments by debtor to funeral home from proceeds of deceased debtor spouse's life insurance were not avoidable as debtor was initial transferee.
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Consumer case opionion summary, case decided on March 26,2008, LexisNexis #0508-067

In re Rio Valley Motors Co. LLC

An automobile dealership swapped vehicles with a bankruptcy debtor, also a dealership, and the debtor received a check for its vehicle but did not pay for the dealership's vehicle. The dealership's insurer paid the dealership for its loss and moved for allowance of an administrative claim based on the value of the vehicle delivered to the debtor.
Ruling: 
Insurer's expense in paying auto dealership for amount debtor dealer failed to pay in vehicle swap allowed as administrative expense claim.
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Commercial case opionion summary, case decided on March 24,2008, LexisNexis #0508-044

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