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ONeil v. IRS (In re ONeil)

Plaintiff debtor brought an adversary proceeding against defendant I.R.S., alleging that the asserted federal tax obligations had been discharged in his chapter 13 case. The I.R.S. moved for summary judgment.
Ruling: 
Debtor's postpetition successor liability for taxes of wholly owned corporation were not provided for in plan and not discharged.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0309-139

Moyers v. Fair Collections & Outsourcing Inc. (In re Moyers)

Plaintiff chapter 7 debtor filed an adversary proceeding against defendant collection agency, alleging that it attempted to collect a debt after she filed for bankruptcy, in violation of 11 U.S.C.S. § 362, and failed to timely update the status of that debt with credit reporting agencies. The collection agency moved for summary judgment.
Ruling: 
Creditor's month and one-half delay in updating debtor's status with credit reporting agency did not violate stay.
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Consumer case opionion summary, case decided on December 22,2008, LexisNexis #0309-137

Ivester v. Miller

Appellant attachment lienors challenged a decision of the Bankruptcy Court for the Middle District of North Carolina, which denied the lienors relief from the automatic stay of 11 U.S.C.S. § 362 in order to prosecute a pre-petition state court action against the debtor.
Ruling: 
Bankruptcy court did not err in denying relief from stay to allow creditor to pursue prepetition state court action.
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Consumer case opionion summary, case decided on December 04,2008, LexisNexis #0109-072

In re Hall

Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A creditor filed an objection to the debtors' plan, claiming that the plan could not be approved because it proposed to cram down the creditor's interest in a vehicle the debtors purchased less than 910 days before they declared bankruptcy, in violation of 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Purchase money security interest in "910 vehicle," exclusive of negative equity, could not be crammed down.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0409-016

In re Jones

The debtors filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed an objection to property that the debtors claimed as exempt. After a hearing, the court issued findings of fact and conclusions of law.
Ruling: 
Objection to claimed homestead exemption overruled absent direct evidence of fraudulent intent in surrender of real property.
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Consumer case opionion summary, case decided on November 26,2008, LexisNexis #0209-116

In re Smith

The court supplemented its previous findings of fact and conclusions of law concerning the application for administrative expenses in the amount of $ 15,158.73, including $ 3,930.70 in attorneys fees and expenses and $ 7,200.00 in expert consultant fees, filed by the debtor pursuant to 11 U.S.C.S. § 503(b). The debtor incurred the expenses while the estate was closed, prior to the case being reopened upon discovery of the underlying lawsuit.
Ruling: 
Debtor allowed administrative expense claim for fees and costs of lawsuit that benefitted the estate.
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Consumer case opionion summary, case decided on November 25,2008, LexisNexis #0109-045

In re Styles

In calculating expenses for purposes of proposing a plan, a bankruptcy debtor claimed operating and ownership expenses for two vehicles. The bankruptcy trustee moved to deny confirmation of the debtor's plan on the ground that the single debtor was not entitled to claim expenses for more than one vehicle.
Ruling: 
Single debtor could claim expense deductions for more than one motor vehicle.
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Consumer case opionion summary, case decided on November 21,2008, LexisNexis #0209-015

In re Graham

Debtor, an individual whose prior chapter 13 bankruptcy case (Case 1) had been pending within a year prior to the date on which the instant case (Case 2) was filed, moved to extend the 30-day automatic stay per 11 U.S.C.S. § 362(c) and also sought a turnover of property while two creditors filed motions for relief from stay.
Ruling: 
Stay extended in debtor's second chapter 13 case in one year due to demonstrated change in circumstances.
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Consumer case opionion summary, case decided on November 18,2008, LexisNexis #0109-006

In re Nicol

Counsel filed an application for the allowance of compensation for services rendered to the debtors in a chapter 11 bankruptcy case under 11 U.S.C.S. § 330(a)(1).
Ruling: 
Attorneys' compensation in chapter 7 case allowed in reduced amount due to limited benefit of initial chapter 11 representation.
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Consumer case opionion summary, case decided on November 14,2008, LexisNexis #0109-003

Payne v. Wyeth Pharms. Inc.

In a negligence action brought by plaintiff, defendant filed a motion in limine to exclude plaintiff's medical bills.
Ruling: 
Medical bills discharged in bankruptcy could not be used as evidence of special damages in debtor's negligence action.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #1208-084

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