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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 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 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 Watson

The debtor filed a motion to excuse compliance with 11 U.S.C.S. § 521(e)(2)(A).
Ruling: 
Debtor's motion to excuse failure to provide tax returns denied as unnecessary absent pending motion to dismiss.
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #1208-115

In re Smith

After the debtor was granted a chapter 7 discharge, the trustee sought to reopen the case to administer an unlisted lawsuit. The debtor amended his property exemptions to exempt part of the unlisted asset. He also moved for authority to sell real property to his fiance for more than the value listed on schedule A. The sale was allowed. The trustee objected to the sale, seeking an order that the net proceeds belonged to the estate.
Ruling: 
Bankruptcy court declined to revoke abandonment of debtor's real property upon reopening of case to administer unlisted lawsuit.
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Consumer case opionion summary, case decided on October 06,2008, LexisNexis #1208-018

In re Rose

A chapter 11 trustee filed a motion against an original owner and an employee for turnover of and an accounting for a backhoe, truck, trailer, and other equipment and property owned by the debtor, pursuant to 11 U.S.C.S. § 542.
Ruling: 
Original owner ordered to turnover construction equipment and vehicles removed from debtor in violation of stay.
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Consumer case opionion summary, case decided on October 02,2008, LexisNexis #1208-017

In re Andrews

A bankruptcy debtor objected to claims filed by creditors which were bulk buyers of charged-off debts on the ground that the claims were barred by statutes of limitations and inadequately documented. The creditors withdrew the claims, and the debtor requested that the creditors be required to show cause why they should not be sanctioned based on their collection practices.
Ruling: 
Debtors motion for sanctions against creditors who withdrew claims after debtor objected denied.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1008-116

Lynch v. Haenke

Appellant Bankruptcy Administrator challenged a decision of the United States Bankruptcy Court for the Eastern District of North Carolina, which denied her motion to dismiss appellee Chapter 7 debtor's case for abuse pursuant to 11 U.S.C.S. § 707(b).
Ruling: 
Debtor properly included contractually due mortgage payment on Form B22A even though debtor had stopped making payments.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1008-121

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

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