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In re Parulan

A trustee in a bankruptcy case objected to confirmation of the bankruptcy debtor's plan on the ground that the plan failed to apply all of the debtor's projected disposable income to payment of unsecured claims. The debtor asserted that special circumstances based on loss of overtime work warranted an adjustment to disposable income under 11 U.S.C.S. § 707(b)(2)(B).
Ruling: 
Loss of overtime did not constitute a special circumstance that would warrant an adjustmet to debtor's disposable income.
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Consumer case opionion summary, case decided on April 22,2008, LexisNexis #0608-086

In re Houston

A debtor filed for relief under chapter 13 of the Bankruptcy Code and submitted with her petition a certificate of exigent circumstances in support of her request for deferment of the credit counseling requirement.
Ruling: 
Deferment of credit counseling requirement denied where debtor failed to establish inability to obtain counseling within five days of request.
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Consumer case opionion summary, case decided on April 11,2008, LexisNexis #0508-073

In re U.S. Airways Inc.

Before the court were cross-motions for summary judgment on the objection of the reorganized debtors to Claim No. 3498 filed by a claimant for retiree benefits.
Ruling: 
Creditor's claim for benefits pursuant to prepetition settlement was discharged upon plan confirmation.
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Commercial case opionion summary, case decided on March 27,2008, LexisNexis #0508-034

In re Palacios

A debtor filed for relief under chapter 13 of the Bankruptcy Code. The debtor entered a certificate of exigent circumstances for deferment of the credit counseling requirement imposed by 11 U.S.C.S. § 109(h) because the debtor claimed he lacked income to pay for the classes.
Ruling: 
Deferment of credit counseling requirement denied as debtor had not contacted approved agency to follow waiver procedure.
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Consumer case opionion summary, case decided on March 13,2008, LexisNexis #0408-106

In re Rowe Furniture Inc.

Before the court were three motions by a claimant, a distressed debt buyer, to allow a total of thirteen claims it filed after the claims bar date in the aggregate amount of $ 196,589 as amendments of claims that were timely-filed in the related case of debtor's parent holding company. The motion was opposed by the chapter 7 trustee.
Ruling: 
Objection to debtor's sale of assets was sufficient to constitute informal proof of claim.
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Commercial case opionion summary, case decided on March 04,2008, LexisNexis #0508-007

Sovereign Bank v. Aime (In re Aime)

Movant creditor sought relief from the automatic stay arising under 11 U.S.C.S. § 362(a) to enforce its security interest in a vehicle. Respondent debtor filed a motion to alter or amend a court order conditioning the stay upon her payment of arrears on the loan.
Ruling: 
Stay granted to allow creditor to enforce its security interest in debtor's motor vehicle due to right to adequate protection.
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Consumer case opionion summary, case decided on February 28,2008, LexisNexis #0408-005

In re Ayres-Haley

A debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying her creditors. The court approved the debtor's plan and the chapter 13 trustee paid the debtor's creditors. Two months after the trustee filed his report of completion of plan payments, a creditor filed a proof of claim, asserting an unsecured deficiency claim in the amount of $11,579. The trustee filed an objection to the creditor's claim.
Ruling: 
Creditor's amended claim filed five months after bar date, and two months after plan completion and discharge, disallowed as untimely.
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Consumer case opionion summary, case decided on January 16,2008, LexisNexis #0208-127

In re Shea

The debtor filed motion for waiver, based on exigent circumstances, of the requirement for prepetition credit counseling.
Ruling: 
Credit counseling requirement could not be waived despite exigent circumstances absent evidence of efforts, and inability, to obtain,counseling.
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Consumer case opionion summary, case decided on January 07,2008, LexisNexis #0208-072

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