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In re Coonrod

Debtors filed a petition under Chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer their bankruptcy estate. The trustee's counsel settled an employment discrimination action the female debtor filed against the Idaho Department of Corrections (DOC) before she declared bankruptcy, and the trustee asked the court to approve the settlement, pursuant to Fed. R. Bankr. P. 9019. The debtors filed objections.
Ruling: 
Settlement of employment discrimination suit not approved due to trustee's failure to show it was based on sound business judgment.
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Consumer case opionion summary, case decided on December 17,2010, LexisNexis #0111-103

In re Catenaccio

The Chapter 7 debtors moved for a determination that certain funds held in savings accounts were not property of the bankruptcy estate. The debtors requested that the court issue an order to release the funds held in joint bank accounts by the debtor husband and his father, a non- debtor, because the funds were the father's property.
Ruling: 
Funds held by debtor in joint account with non-debtor father were not property of the estate.
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Consumer case opionion summary, case decided on December 16,2010, LexisNexis #0111-126

In re Mercer

This matter came before the court on a Motion to Voluntarily Dismiss filed by debtors pursuant to 11 U.S.C.S. § 707(a). The Chapter 7 Trustee objected.
Ruling: 
Voluntary dismissal denied due to prejudice to creditors.
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Consumer case opionion summary, case decided on December 16,2010, LexisNexis #0111-092

Lewis v. Lowery (In re Lowery)

Plaintiff creditor filed a summary judgment motion seeking judgment on a complaint to determine the dischargeability of debt owed to the creditor by defendant debtor pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4), (a)(6). Debtor filed a response in opposition thereto. The case arose out of a contract for construction of a residence.
Ruling: 
Debt was nondischargeable due to debtor contractor's misrepresentations and fraud.
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Consumer case opionion summary, case decided on December 16,2010, LexisNexis #0111-084

In re Poff

A debtor filed a Chapter 11 bankruptcy petition to stop a foreclosure. The case was converted to a Chapter 7 case. A creditor's security interest was inadvertently released before the mortgage on the debtor's residence was paid in full. The debtor sought declaratory relief as to secured status, to avoid preferential transfer, and for monetary damages for wrongful foreclosure. The creditor filed a motion for summary judgment on a preference claim.
Ruling: 
Mortgagee's cancellation of rescission did not constitute an avoidable preference.
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Consumer case opionion summary, case decided on December 16,2010, LexisNexis #0111-090

In re Rahim

The creditors filed a motion under 11 U.S.C.S. § 707(a) to dismiss the debtors' chapter 7 case.
Ruling: 
Chapter 7 case dismissed where debtor could fund plan if lavish expenses were reduced.
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Consumer case opionion summary, case decided on December 16,2010, LexisNexis #0111-062

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 Collins

The Chapter 13 trustee and a creditor objected to confirmation of the debtor's Chapter 13 plan.
Ruling: 
Confirmation denied due to failure to surrender property to secured creditor or pay debt in full.
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Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0111-098

Foreign Affairs Serv. V. Pittman (In re Pittman)

Plaintiff creditor filed a complaint against defendant Chapter 7 debtors seeking a determination that a state court judgment was nondischargeable under various provisions of 11 U.S.C.S. § 523(a). The creditor filed a motion for summary judgment on the grounds that the doctrine of collateral estoppel precluded the debtors from relitigating factual issues previously decided by the state court.
Ruling: 
Judgment debt was nondischargeable where state court adjudicated necessary elements.
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Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0211-050

Hyundai Motor Fin. Co. v. McKay (In re McKay)

Plaintiff creditor filed a motion to enforce a settlement that was reached with defendant Chapter 7 debtor with respect to the creditor's complaint seeking a determination that a debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The debtor objected to the motion.
Ruling: 
Creditor could enforce settlement which debtor agreed to but failed to execute as a nondischargeable debt.
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Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0111-122

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