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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

In re Panacea Partners LLC

Chapter 7 debtor sought allowance and payment of final compensation, specifically, fees in the amount of $81,628 and reimbursement of expenses in the amount of $2,601.64.
Ruling: 
Debtor's attorneys' fees allowed with reduction for insufficiently specific time entries.
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Commercial case opionion summary, case decided on December 29,2010, LexisNexis #0211-003

National Bank v. White (In re White)

Plaintiff creditor filed a two-count nondischargeability complaint against defendant debtor pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(6) for damages arising out of a check delivered by the debtor that was returned for insufficient funds. The debtor counterclaimed, alleging that it was the creditor's practice to cover overdrafts. The creditor moved for summary judgment on its § 523(a)(2)(A) count and on the counterclaim.
Ruling: 
State court fraud judgment was nondischargeable subject to relitigation of amount.
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Consumer case opionion summary, case decided on December 23,2010, LexisNexis #0111-081

In re Lewis

The State of Colorado filed an Objection to Confirmation of Debtor's proposed Chapter 13 Plan. The Trustee filed Motions to Dismiss, including the Motion discussed in this opinion to dismiss this case with prejudice. An evidentiary hearing was held. The hearing on the Colorado Objection was consolidated with hearing on factual issues as to venue presented in Paragraph 21 of the Trustee's Motion to Dismiss. Debtor moved to remove the Trustee.
Ruling: 
Chapter 13 case dismissed due to improper venue and plan that was not feasible.
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Consumer case opionion summary, case decided on December 23,2010, LexisNexis #0111-102

In re Louis Jones Enters.

A Chapter 11 debtor objected to an employee's claim for medical expenses incurred when no company health care insurance plan was in effect but deductions for health insurance were being withheld from his wages. The premiums were employee welfare benefit plan assets under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.S. §§ 1002(1) and 1103(c), which should have been segregated and held in trust for the benefit of employees.
Ruling: 
Creditor employee held priority claims for prepetition paycheck deductions that debtor employer did not apply to insurance premiums and administrative expense claims for postpetition deductions.
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Commercial case opionion summary, case decided on December 22,2010, LexisNexis #0111-077

In re George

A Chapter 7 Wisconsin debtor selected the federal exemptions to exempt her property. The trustee objected, claiming that she was limited to the Illinois state exemptions, under which one of her vehicles would not be exempt, arguing that the debtor had not lived in Wisconsin long enough to utilize the exemptions available to Wisconsin residents, and Illinois had opted out of the federal exemptions.
Ruling: 
Debtor who had not resided in filing state for 730 days and could not claim exemptions in state of former domicile could claim federal exemptions.
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Consumer case opionion summary, case decided on December 20,2010, LexisNexis #0111-078

In re Davis

Chapter 13 debtor filed a motion to modify her confirmed plan pursuant to 11 U.S.C.S. § 1329.
Ruling: 
Debtor allowed to modify plan to reduce monthly payments and payment period due to changed circumstances.
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Consumer case opionion summary, case decided on December 16,2010, LexisNexis #0211-068

In re Molnar

A secured creditor holding the security interest on the respondent chapter 7 debtor's vehicle, filed a motion to confirm termination of the automatic stay, pursuant to 11 U.S.C.S. §§ 521(a)(2) or (a)(6), and 362(h)(1); the debtor filed a motion to extend the automatic stay.
Ruling: 
Motor vehicle lien creditor not entitled to confirmation of termination of stay due to failure to respond to debtor's intent to redeem.
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Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0111-052

Greater Rockford Auto Auction Inc. v. Goldstein (In re Goldstein)

Plaintiff creditor filed a complaint against defendant Chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Presentation of bad checks for outstanding balance on cars purchased at auction did not result in nondischargeable debt.
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Consumer case opionion summary, case decided on December 14,2010, LexisNexis #0111-086

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