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In re Moore

A creditor holding an unsecured nonpriority claim against the debtors arising out their credit card accounts filed an objection to confirmation of the debtors' chapter 13 plan, challenging the debtors' taking of a monthly deduction of $ 263.36 on Official Bankr. Form B22C for a debt payment secured by the debtors' boat, motor and trailer, arguing that the deduction was not a necessary expense under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Above-median debtor's boat payments were reasonably necessary expenses which could be deducted from current monthly income calculation.
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Consumer case opionion summary, case decided on April 02,2008, LexisNexis #0508-055

In re Moore

A creditor holding an unsecured nonpriority claim against the debtors arising out their credit card accounts filed an objection to confirmation of the debtors' chapter 13 plan, challenging the debtors' taking of a monthly deduction of $ 263.36 on Official Bankr. Form B22C for a debt payment secured by the debtors' boat, motor and trailer, arguing that the deduction was not a necessary expense under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Above median debtors' boat payments were not necessary but nevertheless properly deductible.
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Consumer case opionion summary, case decided on April 02,2008, LexisNexis #0508-127

In re Snead

The holder of a note and a deed of trust to certain real property securing a promissory note given by debtor-in-possession (DIP) asked the court for relief from stay to enjoin the DIP from using cash collateral based on the holder's claim that it did not have adequate protection. At issue was whether there was adequate protection for the holder's interest.
Ruling: 
Order for adequate protection payments and enjoining debtor-in-possession from using cash collateral was not necessary where sufficient equity cushion existed in security.
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Consumer case opionion summary, case decided on April 01,2008, LexisNexis #0508-078

Lofton v. Carolina Fin. LLC (In re Lofton)

Plaintiff debtor filed an action against defendant creditor for sanctions, pursuant to 11 U.S.C.S. § 362(k), for a willful violation of the automatic stay.
Ruling: 
Damages awarded for creditor's admitted willful violation of stay.
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Consumer case opionion summary, case decided on March 27,2008, LexisNexis #0508-041

In re Chapman

Debtors, a married couple, asked the court to impose an automatic stay in their chapter 13 case pursuant to 11 U.S.C.S. § 362(c)(4)(B). Meanwhile, a secured creditor (claimant) who held a lien on a truck owned by debtors filed a motion requesting confirmation that the automatic stay was not in effect.
Ruling: 
Stay imposed in debtors' third chapter 13 case in one year due to change in financial affairs that rebutted presumption of lack of good faith.
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Consumer case opionion summary, case decided on March 27,2008, LexisNexis #0508-108

In re Chapman

Debtors, a married couple, asked the court to impose an automatic stay in their chapter 13 case pursuant to 11 U.S.C.S. § 362(c)(4)(B). Meanwhile, a secured creditor (claimant) who held a lien on a truck owned by debtors filed a motion requesting confirmation that the automatic stay was not in effect.
Ruling: 
Stay extended in debtors' third chapter 13 case in one year due to substantial change in financial affairs.
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Consumer case opionion summary, case decided on March 27,2008, LexisNexis #0508-040

Lofton v. Carolina Fin. LLC (In re Lofton)

Plaintiff debtor filed an action against defendant creditor for sanctions, pursuant to 11 U.S.C.S. § 362(k), for a willful violation of the automatic stay.
Ruling: 
Creditor sanctioned for willful and service of small claims action on debtor in intentional violation of stay.
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Consumer case opionion summary, case decided on March 27,2008, LexisNexis #0508-110

In re Pearson

A creditor objected to confirmation of the debtor's chapter 13 plan.
Ruling: 
Hanging paragraph did not apply to prevent modification of loan secured by vehicle primarily driven by debtor's spouse.
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Consumer case opionion summary, case decided on March 07,2008, LexisNexis #0408-125

In re Montgomery

The debtors filed a motion to strike Schedule I and to determine their currently monthly income.
Ruling: 
Debtors allowed redetermination of current monthly income after obtaining lower paying jobs.
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Consumer case opionion summary, case decided on March 04,2008, LexisNexis #0508-001

In re Wilson

A chapter 13 trustee objected to the confirmation of the debtor's plan on the basis that it violated 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Above-median debtor's projected disposable income not required to include social security income of non-debtor spouse.
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Consumer case opionion summary, case decided on March 03,2008, LexisNexis #0508-021

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