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In re Mahjor

A debtor filed a voluntary petition for adjustment of his debts under Chapter 13 of the Bankruptcy Code. Pursuant to 11 U.S.C.S. § 109(h)(3)(A), the debtor requested deferment of the required credit counseling due to exigent circumstances.
Ruling: 
Deferment of credit counseling requirement denied where debtor did not show it had requested counseling but was unable to obtain same within five days.
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Consumer case opionion summary, case decided on July 14,2008, LexisNexis #0908-037

In re Sheridan

In a chapter 11 case filed by individual debtors, a married couple, a combined hearing to consider approval of their proposed disclosure statement and confirmation of their chapter 11 plan of reorganization was held. At issue was whether the plan was properly confirmed under 11 U.S.C.S. § 1129(a) and whether debtors' request for a discharge per 11 U.S.C.S. § 1141(d)(5)(B) was properly granted.
Ruling: 
Debtor's request for early discharge prior to completion of plan payments granted.
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Consumer case opionion summary, case decided on July 14,2008, LexisNexis #0908-090

In re Degrosseilliers

A chapter 13 trustee objected to the confirmation of debtors' plan on the ground that the debtors were not devoting their projected disposable income to payment of unsecured claims as required by 11 U.S.C.S. § 1325(b)(1).
Ruling: 
Certification denied due to debtor's failure to devote projected disposable income to plan.
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Consumer case opionion summary, case decided on July 11,2008, LexisNexis #0808-084

In re Eagle Creek Subdivision LLC

Bankruptcy debtors-in-possession moved pursuant to 11 U.S.C.S. § 364(c)(1) for authorization to continue loan agreements with primary lenders to allow the debtors to complete their real estate development projects. The debtors also moved pursuant to § 364(d) for authorization to obtain postpetition secondary financing to fund operating costs.
Ruling: 
Debtor-in-possession's continuation of primary real estate development financing approved but secondary financing with priming lien disapproved.
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Commercial case opionion summary, case decided on July 10,2008, LexisNexis #1108-004

Nesse v. United States (In re USProtect Corp.)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant United States seeking a declaration that the government's forfeiture action against a bank account of a bankruptcy debtor was subject to the automatic bankruptcy stay. The government moved to dismiss the complaint for lack of jurisdiction.
Ruling: 
Bankruptcy court had jurisdiction over trustee's claim that United States forfeiture action against debtor's bank account was subject to stay.
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Commercial case opionion summary, case decided on July 10,2008, LexisNexis #0908-127

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

United States v. Henry

Intervening plaintiffs filed a motion for sanctions and the issuance of an order to show cause why movant should not have been held in contempt of court.
Ruling: 
Criminal contempt proceeding for debtor's deletion of computer files that were subject to subpeona was not subject to stay.
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Consumer case opionion summary, case decided on July 01,2008, LexisNexis #0708-112

In re Gay

The attorney for a chapter 11 debtor filed an application for compensation, seeking approximately $ 88,000 in attorney's fees and costs.
Ruling: 
Debtor's attorneys' fees allowed in reduced amount due to failure to disclose payment by non- debtor entity.
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Consumer case opionion summary, case decided on June 27,2008, LexisNexis #0908-132

Tidewater Fin. Co. v. Keney

Appellant creditor appealed from an order of the Bankruptcy Court for the Eastern District of Virginia, confirming appellee debtor's chapter 13 bankruptcy plan. The bankruptcy court concluded that the hanging paragraph in 11 U.S.C.S. § 1325(a) prevented a 910 creditor from bifurcating her claim and asserting an unsecured deficiency claim for any portion of the debt not covered by the sale of the vehicle.
Ruling: 
"910" creditor entitled to deficiency claim under state law after surrender of debtor's vehicle.
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Consumer case opionion summary, case decided on June 25,2008, LexisNexis #0708-091

In re Bazzarelli

A debtor and a creditor proposed an amended reaffirmation agreement.
Ruling: 
Reaffirmation agreement ineffective due to attorney's failure to check box on Part C and debtor's failure to complete Part D.
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Consumer case opionion summary, case decided on June 23,2008, LexisNexis #0708-118

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