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Moyers v. Fair Collections & Outsourcing Inc. (In re Moyers)

Plaintiff chapter 7 debtor filed an adversary proceeding against defendant collection agency, alleging that it attempted to collect a debt after she filed for bankruptcy, in violation of 11 U.S.C.S. § 362, and failed to timely update the status of that debt with credit reporting agencies. The collection agency moved for summary judgment.
Ruling: 
Creditor's month and one-half delay in updating debtor's status with credit reporting agency did not violate stay.
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Consumer case opionion summary, case decided on December 22,2008, LexisNexis #0309-137

In re Hall

Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A creditor filed an objection to the debtors' plan, claiming that the plan could not be approved because it proposed to cram down the creditor's interest in a vehicle the debtors purchased less than 910 days before they declared bankruptcy, in violation of 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Purchase money security interest in "910 vehicle," exclusive of negative equity, could not be crammed down.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0409-016

In re Ohio Valley Amusement Co.

A creditor of a chapter 11 debtor sought to be allowed an administrative claim under 11 U.S.C.S. § 503(b)(1) against the debtor's estate for two unauthorized, post-petition loans to the debtor. The debtor filed a motion for summary judgment on the grounds that the creditor failed to follow the requirements for post-petition financing set forth in 11 U.S.C.S. § 364.
Ruling: 
Creditor not entitled to adminstrative expense claim for unauthorized postpetition financings.
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Commercial case opionion summary, case decided on December 01,2008, LexisNexis #0109-066

DaimlerChrysler Fin. Servs. Americas LLC v. Jones (In re Jones)

Defendant creditor appealed a decision of the Bankruptcy Court for the Southern District of West Virginia, which ordered the creditor to return to plaintiffs, a chapter 7 debtor and his non-debtor wife, the vehicle it repossessed.
Ruling: 
Order for return of vehicle repossessed after debtors failed to redeem or reaffirm reversed.
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Consumer case opionion summary, case decided on September 29,2008, LexisNexis #0109-073

In re Eskim LLC

A debtor filed for relief under chapter 11 of the Bankruptcy Code. A creditor sought relief from the automatic stay so that it could begin liquidating 47 residential properties that secured the debt owed to the creditor and sought to prohibit the debtor from using its cash collateral.
Ruling: 
Relief from stay denied where debtor's plan would cure default on loan from creditor.
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Commercial case opionion summary, case decided on August 28,2008, LexisNexis #0908-088

Brantley v. Williams

Plaintiffs, the putative purchasers of stock in the non-party debtor corporation from defendant seller, moved for a temporary restraining order and preliminary injunction to enjoin the sale of the stock pending the outcome of the involuntary bankruptcy case. The court considered the issue whether unusual circumstances were present, such that the automatic stay in the bankruptcy case should apply restrain further action in the instant case.
Ruling: 
Dispute involving purchase of non-party involuntary debtor corporation's stock stayed pending resolution of bankruptcy.
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Consumer case opionion summary, case decided on August 18,2008, LexisNexis #0908-001

In re AB&C Group Inc.

In this chapter 7 case, debtor moved to authorize payment of prepetition wages and related taxes. The chapter 7 Trustee objected to the motion.
Ruling: 
Debtor's motion to authorize payment of prepetition wages and related taxes denied on trustee's objection.
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Commercial case opionion summary, case decided on July 02,2008, LexisNexis #0708-120

In re Ball

Pursuant to Fed. R. Bankr. P. 3022, an individual chapter 11 debtor asked the court to grant him a discharge, close his chapter 11 case, and enter an injunction on the ground that all payments under his confirmed chapter 11 plan had been made. A foundation and an administrator of certain decedents' estates (objectors) interposed objections to the motion on the ground that they had not been paid in full.
Ruling: 
Individual chapter 11 case could not be closed despite substantial consummation where payments were still owed to objecting creditor.
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Consumer case opionion summary, case decided on May 23,2008, LexisNexis #0608-120

In re Kleeb

In their chapter 13 proposed plan, debtors proposed to pay a creditor's secured claim in full at its 0 percent contract interest rate. They also sought to modify the terms of the contract to extend the repayment period by almost four years. The creditor objected to confirmation of the plan.
Ruling: 
Creditor entitled to interest on loan that was modified as part of debtor's plan.
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Consumer case opionion summary, case decided on May 23,2008, LexisNexis #0608-128

In re Bland

A debtor filed for relief under chapter 13 of the Bankruptcy Code and submitted a proposed plan. A creditor filed an objection to confirmation on the grounds that neither the petition nor the plan was filed in good faith.
Ruling: 
Case dismissed for bad faith where debtor did not explain loss of loan proceeds or adequately disclose details of son's alleged embezzlement.
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Consumer case opionion summary, case decided on May 06,2008, LexisNexis #0608-090

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