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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 Varona

Chapter 13 debtors filed objections to two claims filed by a creditor and filed motions for sanctions against the creditor pursuant to 11 U.S.C.S. § 105. The creditor filed a motion for authority to withdraw its two claims pursuant to Fed. R. Bankr. P. 3006, to which the debtors filed an objection.
Ruling: 
Creditor could withdraw claims that were time-barred but valid under state law.
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Consumer case opionion summary, case decided on May 22,2008, LexisNexis #0708-026

In re Marino

The creditor, a law firm that represented a debtor in a highly contentious marital and equitable distribution proceeding, filed a motion to dismiss the debtor's chapter 7 petition under 11 U.S.C.S. § 707(a), alleging that the petition was not filed in good faith.
Ruling: 
Case filed to preclude arbitration and avoid legal fees related to equitable distribution proceeding dismissed for bad faith.
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Consumer case opionion summary, case decided on May 20,2008, LexisNexis #0708-011

In re Final Analysis Inc.

Creditors of a corporate debtor filed an involuntary petition against the debtor under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. A creditor who was employed by the debtor transferred his claim to an assignee, and other creditors filed an objection to the transfer.
Ruling: 
Assignment of claim in involuntary case allowed over creditors' objections.
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Commercial case opionion summary, case decided on May 16,2008, LexisNexis #0708-035

Cincinnati Ins. Co. v. American Glass Indus. Inc.

Plaintiff, an insurance company, filed a motion to vacate a prior court order that had granted a motion to stay the action pending the disposition of a bankruptcy proceeding of the debtor defendant, that had been brought by the codefendants, joint and several obligors of the debtor and the owners of 92 percent of the debtor.
Ruling: 
Granting of motion to stay brought by debtor's co-defendants in industry action vacated.
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Commercial case opionion summary, case decided on May 16,2008, LexisNexis #0608-037

In re Roeung

A debtor filed for relief under chapter 7 of the Bankruptcy Code. The petition was dismissed and the debtor did not receive a discharge pursuant to 11 U.S.C.S. § 727(a)(11) because the debtor did not complete the required financial management course as described in 11 U.S.C.S. § 111. The debtor sought to reopen the proceedings.
Ruling: 
Court refused to reopen case dismissed due to debtor's failure to complete required financial management course absent reasonable explanantion.
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Consumer case opionion summary, case decided on May 14,2008, LexisNexis #0608-108

In re Bekric

A debtor filed for relief under chapter 7 of the Bankruptcy Code. The debtor and a creditor submitted a proposed reaffirmation agreement.
Ruling: 
Reaffirmation agreement could not be approved where debtor's counsel failed to complete the required certification.
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Consumer case opionion summary, case decided on May 14,2008, LexisNexis #0608-115

Canfield v. Stephenson (In re Stephenson)

Plaintiff, a pro se litigant, filed an adversary proceeding to determine that a state court judgment (Judgment) won by his wholly-owned company on account of certain delinquent taxes, penalties, and interest paid by the company to state and federal taxing authorities was nondischargeable under 11 U.S.C.S. § 523(a)(1). Also interested in the matter was debtor, an individual who had filed a chapter 7.
Ruling: 
Portion of judgment for withholding tax liabilities in favor oF creditor that retook control of company it originally sold to debtor was nondischargeable.
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Consumer case opionion summary, case decided on May 13,2008, LexisNexis #0608-113

In re Fiero

A creditor filed a motion to dismiss the chapter 7 case of a debtor pursuant to 11 U.S.C.S. § 707(a).
Ruling: 
Case dismissed due to debtor's ability to repay debts.
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Consumer case opionion summary, case decided on May 12,2008, LexisNexis #0708-012

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