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In re Rascento

The chapter 13 debtor objected to a claim filed by the bank that held the mortgage on his residence, contending that the bank could not prove that it was the true owner of the note and that the note had been paid in full. The bank moved for relief from the automatic stay. The bankruptcy trustee moved to dismiss the bankruptcy, asserting that the debtor's plan did not comply with 11 U.S.C.S. §§ 1322 and 1325.
Ruling: 
Case dismissed due to failure of chapter 13 plan to provide for better recovery than in chapter 7 and debtor's failure to appear.
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Consumer case opionion summary, case decided on September 22,2008, LexisNexis #1208-026

In re Cespedes

The IRS filed a proof of claim in a debtor's chapter 13 bankruptcy case for a 10 percent early withdrawal liability incurred by the debtor pursuant to 26 U.S.C.S. § 72(t). The debtor objected to the classification of the liability as a priority claim under 11 U.S.C.S. § 507(a)(8)(E), asserting that the claim was a general unsecured claim.
Ruling: 
Liability for early withdrawal from IRA was a penalty, not a tax, and not a priority claim.
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Consumer case opionion summary, case decided on September 08,2008, LexisNexis #1008-036

In re Siddon

A debtor filed a motion seeking to impose an automatic stay as to his landlord's attempt to recover possession of an apartment.
Ruling: 
Motion to stay eviction denied where debtor failed to deposit rent due during 30-day period following petition date.
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Consumer case opionion summary, case decided on September 01,2008, LexisNexis #1208-007

In re Alston

Creditor filed a motion to dismiss the debtor's case pursuant to 11 U.S.C.S. § 1307(c). The creditor argued that the debtor filed the petition in bad faith.
Ruling: 
Dismissal for bad faith denied using totality of circumstances approach.
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Consumer case opionion summary, case decided on August 27,2008, LexisNexis #1208-050

NABCO Inc. v. Holmes (In re Holmes)

Defendant debtor filed a motion to dismiss plaintiff corporation's adversary proceeding alleging that the debtor fraudulently transferred assets within one year of the filing of her chapter 7 petition.
Ruling: 
Untimely filed dischargeability complaint dismissed were creditor did not file request for extension of time.
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Consumer case opionion summary, case decided on August 27,2008, LexisNexis #1108-132

In re Shepard

A chapter 7 trustee filed an objection to debtors' exemptions and amended exemptions pursuant to Fed. R. Bankr. P. 4003(b), alleging that the debtors knowingly made a false representation as to the amount of their income tax refunds. He sought an order requiring the debtors to turn over the amount of undisclosed tax refunds.
Ruling: 
Debtors' exemption in tax refund limited to originally projected amount, not later undisclosed excess.
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Consumer case opionion summary, case decided on August 25,2008, LexisNexis #1208-056

In re Alston

The debtor's former spouse filed an objection to the confirmation of his chapter 13 plan, and the debtor objected to the claim of the spouse based on a provision in the parties' separation agreement.
Ruling: 
Payment of credit card debt called for in separation agreement was a property settlement rather than a "domestic support obligation."
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Consumer case opionion summary, case decided on August 22,2008, LexisNexis #1208-036

In re Alexander

Chapter 7 debtors moved to reopen their case in order to file a motion for sanctions against creditor, which had filed a state court action against them. The creditor contended that the debt in question was not discharged pursuant to 11 U.S.C.S. § 523(a)(3), which excepted from discharge debts that were neither listed nor scheduled for determination of dischargeability under 11 U.S.C.S. § 523(a)(2), (4) or (6).
Ruling: 
Creditor whose claim was held dischargeable by bankruptcy court could nto relitigate issue in state court.
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Consumer case opionion summary, case decided on August 20,2008, LexisNexis #1008-118

In re Rouse

Chapter 13 debtors objected to the proof of claim filed by a secured creditor.
Ruling: 
Objection to proof of claim sustained where debtors overcame presumption of validity and creditor failed to meet burden of persuasion.
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Consumer case opionion summary, case decided on July 31,2008, LexisNexis #1008-115

In re Crink

The United States Bankruptcy Administrator (BA) filed a motion pursuant to 11 U.S.C.S. § 105 to strike chapter 7 debtors' Schedule I and set a new time period for determining the debtors' current monthly income.
Ruling: 
Administrator's motion to strike debtors' Schedule I and redetermine debtors' monthly income denied as without authorization.
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Consumer case opionion summary, case decided on July 31,2008, LexisNexis #1008-106

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