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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

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

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

Barker v. King

Plaintiff was one of numerous people who filed 124 civil actions in the Circuit Court of Putnam County (West Virginia), alleging that defendants, a doctor, a hospital, and others, were liable for injuries the doctor caused. Defendants removed the cases to federal district court, and plaintiffs filed a consolidated motion to remand.
Ruling: 
124 medical malpractice cases against debtor and others remanded to state court for expeditious resolution.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0408-062

Barker v. King

Plaintiff patients filed 124 civil actions in the Circuit Court of Putnam County (West Virginia), alleging that defendants, a doctor, a hospital, and others, were liable for injuries the patients sustained. Defendants removed the cases to federal district court, and the patients filed a motion to remand.
Ruling: 
124 medical malpractice cases against debtor remanded to state court.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0408-025