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Chase Bank U.S.A. v. Vanarthos (In re Vanathos)

Plaintiff creditor filed a complaint against chapter 7 debtor seeking a determination of nondischargeability of a debt owed by her pursuant to 11 U.S.C.S. § 523(a)(2)(A). The creditor also sought attorneys' fees. The debtor moved to dismiss for failure to state a claim upon which relief could be granted pursuant to Fed. R. Bankr. P. 7012(b), which incorporated Fed. R. Civ. P. 12(b)(6).
Ruling: 
Dischargeability proceeding dismissed given failure to plead fraud with particularity.
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Consumer case opionion summary, case decided on December 02,2010, LexisNexis #1210-116

Chase Bank v. Bower (In re Bower)

This proceeding came before the court for a final evidentiary hearing to consider the dischargeability of a debt owed by defendant debtor to plaintiff creditor pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(C). Debtor's answer to the Complaint included an affirmative defense that the creditor was not the holder of the credit card account and a counterclaim requesting attorney's fees pursuant to Fla. Stat. § 57.105.
Ruling: 
Credit card cash advances were dischargeable absent evidence of false pretenses or fraud.
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Consumer case opionion summary, case decided on September 30,2010, LexisNexis #1110-018

In re Prieto

The chapter 13 trustee filed a motion to modify the debtor's plan pursuant to 11 U.S.C.S. § 1329(a), asserting that the payments made by the debtors pursuant to the plan should be increased because their monthly disposable income increased after the plan was confirmed.
Ruling: 
Plan modified to increase plan payments after debtors' income increased post-confirmation.
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Consumer case opionion summary, case decided on September 22,2010, LexisNexis #1110-034

In re Schultz

Claimant ex-wife filed a motion to dismiss debtor's chapter 11 case for cause pursuant to 11 U.S.C.S. § 1112(b)(1) on a claim that the case was not filed in good faith while debtor argued that his case was properly converted to chapter 13 under § 1112(d) on the basis that conversion was in the best interest of his creditors and the estate.
Ruling: 
Case of debtor with no business dismissed for bad faith as filed primarily due to dispute with debtor's former spouse.
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Consumer case opionion summary, case decided on July 22,2010, LexisNexis #0910-098

In re Velez

In his chapter 13 case, debtor moved to modify the interest rate of a secured claim. The motion was unopposed.
Ruling: 
Debtor could not modify interest rate on "910 vehicle" loan to Till rate.
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Consumer case opionion summary, case decided on July 07,2010, LexisNexis #0910-133

In re Jensen

A chapter 13 trustee filed a motion to dismiss a debtor's case pursuant to 11 U.S.C.S. § 1307(c)(1). The debtor opposed the motion but argued, in the alternative, that if the court was going to dismiss the case, it should instead convert the case to a case under chapter 7. During argument, the trustee's counsel argued, in the alternative, that if the case was not dismissed, it should be converted to a case under chapter 7.
Ruling: 
Case converted to chapter 7 due to unreasonable delays by debtor.
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Consumer case opionion summary, case decided on March 17,2010, LexisNexis #0510-064

In re Minbatiwalla

A creditor filed a proof of claim in a debtor's bankruptcy case based on a mortgage against the debtor's residence and the creditor attached a summary containing the case number, the name of the debtor, the loan number, and a list of the principal, interest, and late charges. The debtor objected to the creditor's claim based on insufficient documentation.
Ruling: 
Creditor's claim disallowed due to failure to provide copies of note, mortgage and any assignments.
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Consumer case opionion summary, case decided on March 01,2010, LexisNexis #0410-081

Bryant v. Phoenix Office Ctr. Inc. (In re Bryant)

Chapter 13 debtor filed a complaint against defendants, a corporation and two individuals, to recover real property and for sanctions for an alleged violation of the automatic stay. The debtor also sought a determination of dischargeability of its debt pursuant to 11 U.S.C.S. § 523(a)(4). Defendants filed a motion for summary judgment.
Ruling: 
Postpetition orders in state court action to quiet title fully litigated by debtor did not violate stay.
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Consumer case opionion summary, case decided on February 10,2010, LexisNexis #0510-004

In re Hand

This case came before the court for a final evidentiary hearing to consider confirmation of the Sixth Amended Chapter 12 Plan filed by debtors. A creditor filed a written Objection to the Plan, alleging it did not satisfy the requirements of 11 U.S.C.S. § 1225(a)(3), 1225(a)(5), and 1225(a)(6).
Ruling: 
Debtor's sixth amended chapter 12 plan confirmed as filed in good faith over creditor's objection.
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Consumer case opionion summary, case decided on February 04,2010, LexisNexis #0510-027

In re Green

A bankruptcy debtor's petition failed to disclose that the debtor's landlord obtained a prepetition judgment of possession of the debtor's apartment allowing the landlord to proceed with eviction of the debtor, and the debtor's counsel failed to appear at a hearing on the landlord's motion to lift the automatic bankruptcy stay. Counsel was ordered to show cause why he should not be sanctioned.
Ruling: 
Debtor's counsel sanctioned for failure to disclose prepetition judgment of possession and failure to appear at hearing on landlord's motion to lift stay.
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Consumer case opionion summary, case decided on February 02,2010, LexisNexis #0310-061

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