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Landau & Assocs. P.C. v. Fricke (In re Fricke)

Law firm asserted, through its complaint against defendant debtor filed May 18, 2010, that its legal fees were non-dischargeable pursuant to 11 U.S.C.S. § 523(a)(5) or (15). The law firm was counsel for debtor's wife in a dissolution of marriage. The law firm's complaint was pending judgment following trial.
Ruling: 
Award of attorneys' fees to debtor's former spouse in dissolution proceeding was a nondischargeable domestic support order.
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0211-023

Swift Fin. v. Sass (In re Sass)

According to plaintiff bank, it suffered damages of $21,426 as a result of defendant debtor's fraudulent actions relating to a loan application. The bank sought a judgment in that amount as well as a declaration that the debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) as one for money obtained by false pretenses, false representations, and actual fraud. Debtor moved to dismiss the amended complaint under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Debtor's oral telephonic statements respecting financial condition could not be basis for nondischargeability.
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0211-022

Martinez v. Hutton (In re Harwell)

Appellant Chapter 7 trustee filed a fraudulent transfer complaint against appellant attorney under 11 U.S.C.S. §§ 548(a)(1)(A) and 550(a)(1). A bankruptcy court granted summary judgment for the attorney, and the United States District Court for the Middle District of Florida affirmed. The trustee appealed.
Ruling: 
Summary judgment in favor of attorney transferee reversed absent findings regarding control of funds or bad faith.
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0111-105

In re Roberts

A Chapter 7 trustee filed an objection to a debtor's claim of a homestead exemption on the grounds that she abandoned her homestead under Iowa law. The trustee also argued that the debtor was not entitled to use the Iowa homestead exemption extraterritorially for California property.
Ruling: 
Trustee's objection to debtor's homestead exemption overruled as untimely raised.
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0111-139

In re Thomas

Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying his creditors that excluded Social Security income ("SSI") he was receiving from his projected disposable income ("PDI") and paid a zero dividend to his unsecured creditors. A trustee who was appointed to administer the debtor's bankruptcy plan filed an objection to the plan.
Ruling: 
Confirmation denied as not proposed in good faith due to insufficient contribution of net monthly income to unsecured creditors.
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0211-098

In re Clouse

Debtor filed a petition under chapter 13 and proposed a plan for repaying his creditors. The court confirmed the debtor's plan, and slightly less than one year after confirmation, the debtor entered into a postnuptial agreement with his spouse. The debtor's counsel moved to have the postnuptial agreement declared void as a violation of 11 U.S.C.S. § 362(a).
Ruling: 
Postpetition postnuptial agreement violated stay and was void.
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Consumer case opionion summary, case decided on December 28,2010, LexisNexis #0211-007

Oparaji v. Wells Fargo Bank (In re Oparaji)

Chapter 7 debtor filed a motion for summary judgment on his claim that defendant creditor should be judicially estopped from asserting charges that could have been, but were not, included in its proof of claim filed in debtor's previous bankruptcy case. The debtor also moved for summary judgment on his claim for sanctions against the creditor under Fed. R. Bankr. P. 9011.
Ruling: 
Creditor bound by amount of proof of claim filed in debtor's earlier dismissed bankruptcy case.
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Consumer case opionion summary, case decided on December 28,2010, LexisNexis #0211-004

Valley Title and Escrow Agency Inc. v. Metzger (In re Metzger)

Plaintiff title company sought a judgment of non-dischargeability under 11 U.S.C.S. § 523(a)(2)(A), (a)(4) and (a)(6) on account of the use, by Chapter 7 debtor, of the proceeds of a check for $26,246 in connection with a refinancing transaction. Debtor contested plaintiff's claims and sought a determination that the obligation was dischargeable.
Ruling: 
Claim for excess funds freely disbursed by creditor's attorney to debtor at refinance closing was dischargeable.
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Consumer case opionion summary, case decided on December 28,2010, LexisNexis #0311-049

Eastman v. Baker Recovery Servs. (In re Eastman)

Debtor obtained a judgment that defendant creditor violated the statutory injunction of 11 U.S.C.S. § 524 which prohibited collection actions against the debtor after the debtor received a bankruptcy discharge. The debtor requested an award of attorney fees as damages arising from the violation.
Ruling: 
Fees awarded for creditor's violation of stay, despite withdrawal of the offending judgment.
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Consumer case opionion summary, case decided on December 28,2010, LexisNexis #0211-035

Fidelity Deposit & Discount Bank v. Domiano (In re Domiano)

In this individual Chapter 11 proceeding filed by respondent debtors, a husband and wife, movant, a secured creditor, sought conversion of the case to Chapter 7 and an accounting regarding some of the secured creditor's collateral. The debtors sought dismissal of the conversion motion.
Ruling: 
Case converted to chapter 7 due to gross mismanagement of estate.
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Consumer case opionion summary, case decided on December 28,2010, LexisNexis #0411-065

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