Mar
09
2015
In re Smart
Ruling:
Debtors who surrendered property to lienholders, including homeowners' association, were not required to continue to make postpetition assessment payments.
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Consumer case opionion summary, case decided on March 09,2015, LexisNexis #0515-067
Sep
16
2014
Flanders v. Lawrence (In re Flanders)
Ruling:
Debtor who litigated issues relating to divorce settlement in state court could not seek to avoid the resulting orders for violating the discharge injunction.
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Consumer case opionion summary, case decided on September 16,2014, LexisNexis #1114-022
Jan
14
2014
In re Conley
Ruling:
Plan modification to recharacterize allowed secured claim denied.
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Consumer case opionion summary, case decided on January 14,2014, LexisNexis #0214-033
Aug
22
2013
In re Baab Steel Inc.
Ruling:
Debtor's counsel not entitled to fees incurred in opposing involuntary petition.
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Commercial case opionion summary, case decided on August 22,2013, LexisNexis #0913-110
Aug
08
2013
In re Rentie
Ruling:
Debtor could not modify plan to bifurcate previously nondischargeable claims.
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Consumer case opionion summary, case decided on August 08,2013, LexisNexis #0913-104
Jul
05
2013
In re Knapp
Ruling:
Plan modification providing for surrender of mortgaged property denied.
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Consumer case opionion summary, case decided on July 05,2013, LexisNexis #0913-099
Mar
18
2013
In re Jaussi
Before the court was a chapter 7 bankruptcy trustee's motion to approve sale of real estate free and clear of liens.
Ruling:
Trustee's motion for sale of real estate free and clear denied where proposed price was less than value of all liens.
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Consumer case opionion summary, case decided on March 18,2013, LexisNexis #0413-044
Nov
14
2012
Martin v. United States (In re Martin)
In this adversary proceeding, debtor sought a declaration that the debt he owed the United States for his 2000 and 2001 federal income taxes was discharged in his chapter 7 bankruptcy. The United States asserted that this tax debt was non-dischargeable under 11 U.S.C.S. § 523(a)(1)(B)(i). The matter came before the court on the parties' cross motions for summary judgment.
Ruling:
Tax returns filed after IRS assessment were sufficient to allow taxes owed for those years to be nondischargeable.
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Consumer case opionion summary, case decided on November 14,2012, LexisNexis #1212-013
Jun
05
2012
Diamond v. Vickery (In re Vickery)
Plaintiff creditor, a chapter 7 trustee for another bankruptcy estate, filed a complaint against defendant chapter 7 debtor seeking a determination that a judgment debt was nondischargeable under 11 U.S.C.S. § 523(a)(2), (a)(4), and/or (a)(6).
Ruling:
Debt resulting from debtor's raising of money for creditor and paying "expenses" to others was nondischargeable.
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Consumer case opionion summary, case decided on June 05,2012, LexisNexis #0612-115
May
14
2012
In re Brundage-Bone Concrete Pumping Inc.
This matter came before the court on the Motion for Allowance of Administrative Expense Claim filed by a Lender Group. The Motion was uncontested. The Lender Group requested that the court award them administrative expenses in the amount of $875,000 pursuant to 11 U.S.C.S. § 503(b)(3)(D), (b)(4), based on their claimed "substantial contribution" to debtors' bankruptcy estates.
Ruling:
Lender group not entitled to administrative expense claims as not representing necessary, substantial contribution.
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Commercial case opionion summary, case decided on May 14,2012, LexisNexis #0612-084