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Sartin v. Macik

Defendant debtor appealed from a judgment of the District Court for the Western District of North Carolina affirming the bankruptcy court's determination that a debt arising from a state court default judgment entered in favor of plaintiff creditors was nondischargeable under 11 U.S.C.S. § 523(a)(2), (4), and (6) because the default judgment had collateral estoppel effect.
Ruling: 
Default judgment that did not have collateral estoppel effect under state law could not be determinative of dischargeability.
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Consumer case opionion summary, case decided on July 28,2008, LexisNexis #0808-092

Tidewater Fin. Co. v. Keney

Appellant creditor appealed from an order of the Bankruptcy Court for the Eastern District of Virginia, confirming appellee debtor's chapter 13 bankruptcy plan. The bankruptcy court concluded that the hanging paragraph in 11 U.S.C.S. § 1325(a) prevented a 910 creditor from bifurcating her claim and asserting an unsecured deficiency claim for any portion of the debt not covered by the sale of the vehicle.
Ruling: 
"910" creditor entitled to deficiency claim under state law after surrender of debtor's vehicle.
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Consumer case opionion summary, case decided on June 25,2008, LexisNexis #0708-091

Terry v. Meredith (In re Meredith)

Appellant bankruptcy trustee brought an adversary proceeding against appellee, the president of a corporate successor of debtor, claiming that he was entitled to recover the value of certain assets fraudulently transferred from the bankruptcy estate, pursuant to 11 U.S.C.S. § 550(a)(1). The bankruptcy court and U.S. District Court for the Eastern District of Virginia, at Richmond, rejected the trustee's claim. The trustee appealed.
Ruling: 
Transfer of accounting practice from debtor to corporate successor was not recoverable from nominal president of successor who did not benefit from the transfer.
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Consumer case opionion summary, case decided on June 03,2008, LexisNexis #0708-032

Smith v. Jordan (In re Jordan)

Appellant debtor sought review of a decision of the U.S. District Court for the Eastern District of Virginia, which upheld a decision of a bankruptcy court in favor of appellee creditor and revoked the debtor's discharge under 11 U.S.C.S. § 727(a)(6)(A) for failure to comply with the bankruptcy court's order directing her to cooperate with the trustee in the administration of the estate.
Ruling: 
Revocation of discharge reversed as debtor's refinance of property was not willful noncompliance with order prohibiting transfer.
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Consumer case opionion summary, case decided on April 03,2008, LexisNexis #0408-102

In re Mosko

Appellee debtors, a husband and his wife, filed bankruptcy and sought to discharge their government-backed student loan debt pursuant to 11 U.S.C.S. § 523(a)(8). The bankruptcy court granted appellees relief from their student loans and the United States District Court for the Middle District of North Carolina, at Winston-Salem affirmed that order. Appellant creditor appealed.
Ruling: 
Discharge of student loan debt reversed due to debtor's failure to demonstrate good faith efforts to repay.
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Consumer case opionion summary, case decided on February 12,2008, LexisNexis #0308028

Branigan v. Bateman (In re Bateman)

In a consolidated appeal, appellant chapter 13 trustee appealed the order of the District Court for the District of Maryland affirming both the bankruptcy court's denial of his motion to dismiss the chapter 13 petition of a single debtor and its confirmation of his chapter 13 plan and the bankruptcy court's orders denying his motion to dismiss the chapter 13 petition of joint debtors and likewise confirming their chapter 13 plan.
Ruling: 
Debtor could file second chapter 13 case more than two years after first filing even though not eligible for discharge.
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Consumer case opionion summary, case decided on February 04,2008, LexisNexis #0208-128