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In re Jones

The debtors filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed an objection to property that the debtors claimed as exempt. After a hearing, the court issued findings of fact and conclusions of law.
Ruling: 
Objection to claimed homestead exemption overruled absent direct evidence of fraudulent intent in surrender of real property.
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Consumer case opionion summary, case decided on November 26,2008, LexisNexis #0209-116

In re Calhoun

A United States Trustee (UST) filed a motion, pursuant to 11 U.S.C.S. § 707(b)(1), to dismiss the debtors'chapter 7 bankruptcy case for abuse under § 707(b)(3).
Ruling: 
Case ordered dismissed or converted for abuse where debtors improperly deducted Social Security income on schedules I and J to shield disposable income from creditors.
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Consumer case opionion summary, case decided on November 10,2008, LexisNexis #0109-084

In re Harmony Holdings LLC

The debtors filed for relief under chapter 11 of the Bankruptcy Code. The movants filed a motion for temporary allowance of chapter 11 claims under Fed. R. Bankr. P. 3018 so that the movants could vote on the debtors' proposed plan of reorganization. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Contested claim temporarily allowed to enable creditor to vote on debtor's chapter 11 plan.
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Commercial case opionion summary, case decided on October 16,2008, LexisNexis #1208-111

In re Waller

Debtors filed a voluntary petition under chapter 7 of the Bankruptcy Code, and a creditor asked the court to approve agreements the debtors signed which reaffirmed debt they owed on their residence.
Ruling: 
Court denied approal of reaffirmation agreement for debts owed on real property as not in debtor's best interests under BAPCPA.
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Consumer case opionion summary, case decided on September 24,2008, LexisNexis #1208-043

In re Waller

Creditor filed two reaffirmation agreements, which sought to reaffirm debtors' first and second mortgages. Both agreements were filed on an outdated form requiring a hearing for proper determination of whether the reaffirmation agreements created a presumption of undue hardship on debtors. Debtors filed two amended reaffirmation agreements using the current form. The amended reaffirmation agreements indicated a presumption of undue hardship.
Ruling: 
Approval of reaffirmation agreement denied as not in best interest of debtors' who were current with mortgage payments.
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Consumer case opionion summary, case decided on September 24,2008, LexisNexis #0209-043

In re Miller

A debtor filed for relief under chapter 7 of the Bankruptcy Code and claimed on his schedules that he had jewelry valued at $5.00. The debtor also claimed that two creditors held secured claims for over $5,550 in jewelry purchases. The jewelry belonged to the debtor's non-filing spouse. The debtor then filed a motion to redeem and sought a valuation of $230 for the jewelry at issue, pursuant to 11 U.S.C.S. § 722.
Ruling: 
Debtor's proposed valuation of jewelry denied due to discrepancy between claimed value and higher amount owed on jewelry to creditors.
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Consumer case opionion summary, case decided on September 24,2008, LexisNexis #0109-020

In re Namie

A trustee objected to confirmation of a debtor's chapter 13 plan, pursuant to 11 U.S.C.S. § 1325(a)(3) and (b).
Ruling: 
Confirmation denied where debtor's housing expense exceeded personal net income.
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Consumer case opionion summary, case decided on August 05,2008, LexisNexis #0109-060

In re Dumas

Pursuant to 11 U.S.C.S. § 362(d)(1), movant landlord sought relief from a stay in the chapter 13 debtor's bankruptcy case in order to conclude a proceeding to evict the debtor and business from its building. The debtor objected, asserting, inter alia, that as a subtenant on the lease, he had a right to exercise the renewal option contained in the lease.
Ruling: 
Relief from stay granted to allow creditor landlord to evict sublessee debtor.
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Consumer case opionion summary, case decided on July 31,2008, LexisNexis #1008-074

In re Hall

Debtors filed a motion to reopen their case in order to seek sanctions against creditor for filing an allegedly improper motion for relief from stay. The sanctions motion sought actual damages, including attorneys' fees and costs, emotional distress damages, treble damages pursuant to the South Carolina Unfair Trade Practices Act, and punitive damages.
Ruling: 
Debtors' delayed motion to reopen case to seek sanctions for allegedly improper motion for relief from stay denied.
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Consumer case opionion summary, case decided on July 24,2008, LexisNexis #1208-063

In re Harmony Holdings LLC

Creditors filed motions to determined whether the cases were single asset real estate cases for purposes of 11 U.S.C.S. § 362(d)(3).
Ruling: 
Project encompassing several tracts of land and two entities as owners qualified as "single asset real estate."
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Commercial case opionion summary, case decided on June 23,2008, LexisNexis #0908-004

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