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French v. Cahill (In re Cahill)

Defendant debtors filed a petition under chapter 7 of the Bankruptcy Code and plaintiff trustee was appointed to represent the bankruptcy estate. The trustee filed an action against the debtors, seeking a judgment declaring that an Economic Stimulus Rebate (ESR) in the amount of $ 1,200 the debtors received from the government was property of the debtors'bankruptcy estate. The trustee filed a motion for summary judgment.
Ruling: 
Economic stimulus rebate was property of the estate as debtor filed petition after effective date of Stimulus Act.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-119

In re Michaud

In three chapter 13 cases, the trustee objected to confirmation of the debtors'chapter 13 plans on the grounds that the debtors were not using all of their disposable income to fund their chapter 13 plans, as required by 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Confirmation denied due to debtor's failure to devote income tax refund to plan.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-130

Bedra v. Direct Loan Serv. Sys. (In re Bedra)

Plaintiff debtor filed a complaint to determine the dischargeability of a student-loan obligation under 11 U.S.C.S. § 523(a)(8). Defendant creditor/bank field a motion for summary judgment. Although the debtor requested and was then granted an extension of time in which to respond, no response was filed.
Ruling: 
Debtor granted additional extension of time to respond to student loan creditor's motion for summary judgment due to possible oversight of counsel.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0909-027

Park v. Chan (In re Chan)

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment that the debtor had to repay money the creditor invested in the debtor's business, and a judgment that the debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), (a)(4), (a)(6) and (a)(19). The debtor contested her liability and the nondischargeability of the debt, and she filed a counterclaim and a third-party complaint.
Ruling: 
Creditor's investment in debtor's business was nondischargeable due to debtor's misrepresentations.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-117

Beaumont v. United States ex. Dept. of Veterans Affairs (In re Beaumont)

In an appeal from an adversary proceeding, appellant debtor sought judicial review of the bankruptcy court's finding that the recoupment and offset of his disability benefits by appellee, the United States of America, ex rel., Department of Veterans Affairs (VA), did not violate the automatic stay provision of 11 U.S.C.S. § 362 nor the discharge order entered in his bankruptcy case under 11 U.S.C.S. § 524.
Ruling: 
Recoupment and offset of disability benefits by Department of Veterans Affairs did not violate stay.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-027

Carroll v. Sanders (In re Sanders)

Appellant, a chapter 13 bankruptcy trustee, sought review of a judgment from the district court for the Eastern District of Michigan which reversed the bankruptcy court's denial of appellee debtor's request for a discharge after concluding that 11 U.S.C.S. § 1328(f)(1) did not bar the discharge.
Ruling: 
Four year discharge ban runs from petition date of original chapter 7 case, not from date of discharge.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-020

In re Rickert

The debtors filed for relief under chapter 12 of the Bankruptcy Code. The debtors filed a motion for permanent treatment of a claim under 11 U.S.C.S. § 1222 and an amended objection by the Internal Revenue Service (IRS).
Ruling: 
Postpetition taxes arising from sale of debtor's farm assets were unsecured nonpriority claims.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-126

United States v. Bauer

Defendants, a former husband and wife, were convicted in the district court for the District of Minnesota under 18 U.S.C.S. §§ 152(1) and (2), 153, and 1956(a)(1)(A)(i) and (c)(7)(D) of bankruptcy fraud and money laundering. Defendants appealed.
Ruling: 
Bankruptcy fraud conviction based on nondisclosure of insurance proceeds and conversion of IRA to cash affirmed.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-034

In re Beaza

The trustee moved to dismiss the debtors'chapter 7 petition, based on the debtors'claim of certain deductions on Official Bankr. Form 22A (the Means Test), either as a presumed abuse of chapter 7 pursuant to 11 U.S.C.S. § 707(b)(2), or alternatively as an abuse of chapter 7 based on the totality of the circumstances of the debtors'financial situation pursuant to 11 U.S.C.S. § 707(b)(3).
Ruling: 
Case ordered converted or dismissed on totality of circumstances where debtors proposed surrendering collateral to satisfy most of secured debt.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-014

Smith v. Pritchett (In re Smith)

Appellant debtor challenged the Bankruptcy Court for the District of New Hampshire's order overruling his objection to the proof of claim filed by appellee, his former spouse, and denying his motion to avoid her lien.
Ruling: 
Penalties for late alimony payments were not domestic support obligations and related lien was avoidable.
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Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0309-001

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