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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 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

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 Sheridan

In a chapter 11 case filed by individual debtors, a married couple, a combined hearing to consider approval of their proposed disclosure statement and confirmation of their chapter 11 plan of reorganization was held. At issue was whether the plan was properly confirmed under 11 U.S.C.S. § 1129(a) and whether debtors' request for a discharge per 11 U.S.C.S. § 1141(d)(5)(B) was properly granted.
Ruling: 
Debtor's request for early discharge prior to completion of plan payments granted.
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Consumer case opionion summary, case decided on July 14,2008, LexisNexis #0908-090

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