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Birdsell v. Richardson (In re Richardson)

Plaintiff Chapter 7 trustee's complaint, seeking to deny defendant debtor a Chapter 7 discharge, was heard as a bench trial before the court. The matter was thereafter submitted for decision. An interim order was entered on December 2, 2010, announcing the court's decision. Pending was entry of the court's findings and conclusions.
Ruling: 
Discharge denied due to intent to hinder, delay and defraud and materially false omissions.
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Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0111-093

In re McPheron

Creditor, the former spouse of the debtor, filed an objection to confirmation of the debtor's plan. The debtor filed an objection to the creditor's claim, which was classified as a domestic support obligation as defined by 11 U.S.C.S. § 101(14A).
Ruling: 
Mortgage debt, split between debtor and former spouse in divorce decree, was not a nondischargeable domestic support order.
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Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0111-124

2008 EFK LLC v. Dillon (In re Dillon)

Plaintiff judgment creditor filed an adversary proceeding against defendant debtor to have the debt represented by the judgment excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A). The judgment was based upon a personal check uttered by the debtor in the amount of $225,000.
Ruling: 
Dishonored check tendered in exchange for real estate contract was not grounds for denial of discharge as debtor had not received anything of value.
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Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0111-085

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

Selby v. Selby (In re Selby)

Debtor declared chapter 13 bankruptcy, and defendant, the debtor's former spouse, filed an objection to confirmation of a plan the debtor proposed for repaying his creditors and an adversary proceeding seeking a determination that a hold harmless provision in the parties' separation agreement was nondischargeable under 11 U.S.C.S. § 523(a)(5). The court held a single hearing on the objection and the adversary proceeding.
Ruling: 
Debtor's "hold harmless" obligation to former spouse was not a "domestic support obligation" and was dischargeable.
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Consumer case opionion summary, case decided on December 15,2010, LexisNexis #0111-054

Hernandez v. LaSalle Bank (In re Hernandez)

Pro se bankruptcy debtors brought an adversary proceeding against defendant trustee of a mortgage loan trust alleging that the trustee was not the proper holder of the debtor's mortgage note or assignee of the mortgage, and fraudulently obtained a judgment of foreclosure against the debtors' real property in state court. The trustee moved for summary judgment.
Ruling: 
Bankruptcy court abstained from hearing pro se debtor's challenge to trustee's foreclosure.
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Consumer case opionion summary, case decided on December 14,2010, LexisNexis #0111-101

In re Hooper

Chapter 7 trustee filed a motion, pursuant to 11 U.S.C.S. § 542, to compel the debtors to turn over any tax refunds generated as a result of the passage of the Worker, Homeownership and Business Assistance Act (WHBAA).
Ruling: 
Net operating losses and refunds granted under the Worker, Homeownership and Business Assistance Act were property of the estate.
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Consumer case opionion summary, case decided on December 14,2010, LexisNexis #0111-089

In re Lighthouse Lodge LLC

Both the chapter 11 debtor and a moving creditor proposed amended plans of reorganization, each of which was modified in a minor way prior to trial. The amendments were not substantive and did not require re-voting.
Ruling: 
Creditor's plan providing for sale of debtor's lodge approved provided improper release provision was removed.
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Commercial case opionion summary, case decided on December 14,2010, LexisNexis #0111-096

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

Wu v. Stephen H. Swift Trust (In re Swift Instruments Inc.)

Plaintiff Chapter 7 trustee filed a complaint against defendants, two trusts and individuals. The trustee sought summary judgment on her claim to subordinate defendants' proofs of claims under 11 U.S.C.S. § 510(b). Both trusts contended in cross motions for summary judgment that their claims could not be subordinated as a matter of law, and one trust also sought to dismiss the trustee's claims for relief under 11 U.S.C.S. §§ 502(d) and 547.
Ruling: 
Trustee could not subordinate damages claim that was not a recharacterized securities or equities claim.
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Commercial case opionion summary, case decided on December 14,2010, LexisNexis #0111-119

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