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Southhall v. Check Depot Inc. (In re Southhall)

Plaintiff debtor filed for chapter 13 relief. Defendant creditor filed an unsecured proof of claim, which included the debtor's full social security number. The debtor filed an adversary proceeding against the creditor, alleging violation of the Bankruptcy Code and contempt, invasion of privacy, and violation of the Gramm-Leach-Bliley Act (GLBA). The creditor moved to dismiss.
Ruling: 
Adversary proceeding based on creditor's inclusion of debtor's full social security number in its proof of claim dismissed as it did not violate bankruptcy code or rules in effect at the time of filing.
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Consumer case opionion summary, case decided on December 19,2008, LexisNexis #0209-037

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 Artson

The debtor's counsel filed an application for approval and payment of supplemental compensation in a chapter 13 bankruptcy case. The trustee alleged that the plan was not sufficiently funded to allow payment of the fees without reducing the dividend currently being paid on unsecured claims.
Ruling: 
Additional compensation to chapter 13 debtor's attorney allowed to extent not reducing dividend on non-joint unsecured claims.
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Consumer case opionion summary, case decided on August 19,2008, LexisNexis #0908-133

In re Dugan

A debtor filed for relief under chapter 13 of the Bankruptcy Code, and was represented throughout the case by counsel. The debtor's counsel filed a motion for approval and payment of supplemental compensation in the amount of $1,171.
Ruling: 
Additional attorneys' fees could be paid from plan to the extent previously reserved.
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Consumer case opionion summary, case decided on August 18,2008, LexisNexis #0908-134

In re Cellitit

A debtor filed for protection under chapter 13 of the Bankruptcy Code. The standing chapter 13 trustee filed a notice of default and a motion to dismiss. A secured creditor filed an objection to confirmation of the debtor's plan and an opposition to dismissal.
Ruling: 
Chapter 13 case dismissed with 180-day filing bar due to debtor's failure to make timely plan payments.
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Consumer case opionion summary, case decided on August 15,2008, LexisNexis #1108-039

In re Carraway Methodist Health Sys.

Debtors, a health systems corporation and its affiliates, filed a petition under chapter 11 of the Bankruptcy Code and listed a trade vendor as a creditor. The trade vendor filed a rejection damages claim and an administrative expense claim, and the debtors filed objections to both claims.
Ruling: 
Creditor trade vendor's untimely claims denied.
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Commercial case opionion summary, case decided on July 23,2008, LexisNexis #0908-005

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 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

Young v. Lockhart Morris & Montgomery (In re Young)

Plaintiff debtor filed an adversary proceeding against defendant creditor for a violation of the automatic stay under 11 U.S.C.S. § 362. The court held a hearing on the damages that the debtor should be able to recover from the violations and the court issued findings of fact and conclusions of law.
Ruling: 
Debtor awarded damages for creditor's for violation of stay.
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Consumer case opionion summary, case decided on June 02,2008, LexisNexis #0708-073

In re T&B Mortg. Corp.

The moving creditor sought the allowance and payment, as a chapter 7 administrative expense, of attorney's fees and expenses in the amount of $ 9,084.53 it incurred in pursuing a pre-petition fraudulent conveyance action that was subsequently removed to federal court, pursuant to 11 U.S.C.S. § 503(b)(3) and (4).
Ruling: 
Attorneys' fees in fraudulent conveyance action recoverable as administrative expense claim only to the extent incurred postpetition.
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Commercial case opionion summary, case decided on May 27,2008, LexisNexis #0808-011

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