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In re Lanier

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant bankruptcy debtor, seeking to deny the debtor a discharge based on the debtor's questionable activities prior to filing his bankruptcy petition. The trustee moved to compromise his claims against the debtor by allowing a discharge upon the debtor's payment of a sum over three years in quarterly installments.
Ruling: 
Trustee could not compromise with debtor who engaged in financial irregularities by offering discharge in exchange for installment payments.
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Consumer case opionion summary, case decided on February 29,2008, LexisNexis #0408-053

In re Johnson

Debtors, a husband and wife, filed a voluntary petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. The husband's ex-wife filed an objection to the debtors' plan.
Ruling: 
Debtor's obligation to make payments on secured debt to former spouse pursuant to divorce decree was a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on February 27,2008, LexisNexis #0408-045

In re Evans

Movant, a chapter 13 debtor, sought sanctions against a creditor on a claim that the creditor had violated the automatic stay imposed under 11 U.S.C.S. § 362. The creditor failed to cure the violation despite notice from debtor's counsel, did not oppose the motion, and did not appear in defense at the hearing.
Ruling: 
Creditor sanctioned for repossessing debtor's vehicle on New Year's Eve in violation of stay and failing to promptly return the vehicle upon notice of violation.
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Consumer case opionion summary, case decided on February 14,2008, LexisNexis #0408-039

Lynch v. Parrish

Appellant, a bankruptcy administrator, sought review of a decision of the United States Bankruptcy Court for the Eastern District of North Carolina, which denied the administrator's motion to dismiss the petition filed by appellee debtor. The administrator contended that dismissal was warranted under the means test of 11 U.S.C.S. § 707(b).
Ruling: 
Bankruptcy court properly denied administrator's motion for abuse dismissal where debtor's means test calculation was proper.
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Consumer case opionion summary, case decided on February 14,2008, LexisNexis #0308-085

Ferguson v. Fisher (In re Fisher)

Plaintiff trustee filed an adversary complaint for a revocation of defendant debtors'discharge in a Chapter 7 bankruptcy case, pursuant to 11 U.S.C. § 727(d)(2).
Ruling: 
Debtor's discharge revoked due to failure to turn over stock but discharge of spouse who did not own or control stock not revoked.
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Consumer case opionion summary, case decided on January 07,2008, LexisNexis #0208-100

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