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In re Styles

In calculating expenses for purposes of proposing a plan, a bankruptcy debtor claimed operating and ownership expenses for two vehicles. The bankruptcy trustee moved to deny confirmation of the debtor's plan on the ground that the single debtor was not entitled to claim expenses for more than one vehicle.
Ruling: 
Single debtor could claim expense deductions for more than one motor vehicle.
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Consumer case opionion summary, case decided on November 21,2008, LexisNexis #0209-015

In re Graham

Debtor, an individual whose prior chapter 13 bankruptcy case (Case 1) had been pending within a year prior to the date on which the instant case (Case 2) was filed, moved to extend the 30-day automatic stay per 11 U.S.C.S. § 362(c) and also sought a turnover of property while two creditors filed motions for relief from stay.
Ruling: 
Stay extended in debtor's second chapter 13 case in one year due to demonstrated change in circumstances.
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Consumer case opionion summary, case decided on November 18,2008, LexisNexis #0109-006

In re Nicol

Counsel filed an application for the allowance of compensation for services rendered to the debtors in a chapter 11 bankruptcy case under 11 U.S.C.S. § 330(a)(1).
Ruling: 
Attorneys' compensation in chapter 7 case allowed in reduced amount due to limited benefit of initial chapter 11 representation.
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Consumer case opionion summary, case decided on November 14,2008, LexisNexis #0109-003

Payne v. Wyeth Pharms. Inc.

In a negligence action brought by plaintiff, defendant filed a motion in limine to exclude plaintiff's medical bills.
Ruling: 
Medical bills discharged in bankruptcy could not be used as evidence of special damages in debtor's negligence action.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #1208-084

In re Davis

The chapter 13 trustee filed an objection to confirmation of the debtor's plan, asserting that the treatment of the claims of three secured judgment creditors under the proposed plan did not comply with the requirements imposed by 11 U.S.C.S. § 1325(a)(5)(B). The debtor argued that, because none of those creditors had objected to the proposed plan, 11 U.S.C.S. § 1325(a)(5)(A) was satisfied and § 1325(a)(5)(B) need not be considered.
Ruling: 
Plan could be confirmed despite noncompliant treatment of three claims where creditors did not object.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #0109-024

McDow v. Daniels-Brown (In re Daniels-Brown)

Movant United States Trustee (UST) filed a motion to dismiss a chapter 7 debtor's case under 11 U.S.C.S. § 707(b), claiming that allowing the debtor to discharge her debts would have been an abuse of the bankruptcy system.
Ruling: 
Case dismissed for abuse where debtor overstated expenses and understated projected tax refund.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #0109-019

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 Demesones

The United States Trustee filed motions to dismiss each of the bankruptcy cases for abuse, contending that they should be dismissed for presumptive abuse under 11 U.S.C.S. § 707(b)(2), or , in the alternative, actual abuse under 11 U.S.C.S. § 707(b)(3).
Ruling: 
Evidentiary hearings necessary to determine whether cases should be dismissed for abuse based on improper deductions.
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Consumer case opionion summary, case decided on October 28,2008, LexisNexis #0909-013

Buesgens v. Bergman (In re Bergman)

Plaintiff employee was ordered to show cause why his adversary proceeding for employment discrimination against defendants, a debtor, the trustee, the officials, and the attorneys, should not have been dismissed for lack of jurisdiction.
Ruling: 
Employment discrimination proceeding by third party whose only connection with bankruptcy was a similar complaint by debtor dismissed for lack of subject matter jurisdiction
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Consumer case opionion summary, case decided on October 21,2008, LexisNexis #0309-056

In re Watson

The debtor filed a motion to excuse compliance with 11 U.S.C.S. § 521(e)(2)(A).
Ruling: 
Debtor's motion to excuse failure to provide tax returns denied as unnecessary absent pending motion to dismiss.
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #1208-115

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