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In re Randal

A debtor filed for relief under chapter 13. After the petition was filed, counsel agreed to represent the debtor for a fee of $3,000 and counsel accepted a retainer payment of $100. Debtor's counsel filed a motion to expedite an attorney fee payment.
Ruling: 
Expedited full payment of debtor's attorneys fees prior to payment of other creditors denied.
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Consumer case opionion summary, case decided on December 20,2007, LexisNexis #0208-019

In re Skeen Goldman LLP

Creditors moved to dismiss the chapter 11 case. The debtor had filed a previous bankruptcy case in which the debtor and creditors entered into a settlement agreement.
Ruling: 
Second chapter 11 case, filed to hinder and delay creditor with whom debtor had settlement agreement that resolved prior case, dismissed.
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Commercial case opionion summary, case decided on December 20,2007, LexisNexis #0208-014

In re Abbas

A creditor of a chapter 13 debtor objected to the confirmation of the debtor's plan and moved for relief from the automatic stay and co-debtor stay.
Ruling: 
Chapter 13 plan not filed in good faith as funded by sale of property not scheduled in prior chapter 7 case.
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Consumer case opionion summary, case decided on December 20,2007, LexisNexis #0208-017

Leneski v. Smith (In re Smith)

A judgment creditor of chapter 7 debtors sought pro se to except a debt from the debtors'discharge pursuant to 11 U.S.C. § 523(a)(6).
Ruling: 
Leaving leased premises in sordid condition did not rise to level of willful and malicious injury and did not render debt to landlord nondischargeable.
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Consumer case opionion summary, case decided on December 18,2007, LexisNexis #0108-044

In re Loy

A foreign debtor was adjudged a bankrupt in a foreign insolvency proceeding, and the representative appointed in the foreign proceeding petitioned for recognition of the foreign proceeding under bankruptcy chapter 15. The representative also requested that the debtor be barred from challenging a lis pendens filed by the representative with regard to real property owned by the debtor in the United States.
Ruling: 
Petition for recognition of foreign main proceeding granted.
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Consumer case opionion summary, case decided on December 18,2007, LexisNexis #0208-060

In re Campbell

A creditor of a chapter 13 debtor objected to the voluntary dismissal of the debtor's case pursuant to 11 U.S.C. § 1307(b) and sought to set aside the sale of the debtor's real property as unauthorized under 11 U.S.C. § 363.
Ruling: 
Debtor had absolute right to voluntary dismissal of chapter 13 case.
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Consumer case opionion summary, case decided on December 18,2007, LexisNexis #0108-053

In re Fiddler

The debtors filed for relief under chapter 13. A chapter 13 trustee filed a motion to modify a confirmed chapter 13 plan, pursuant to 11 U.S.C. § 1329. The trustee sought to modify the plan so that the debtors would pay 100 percent of all filed claims. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Appreciation in value of debtor's property was not grounds for trustee's modification of confirmed plan.
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Consumer case opionion summary, case decided on December 18,2007, LexisNexis #0708-070

In re Houser

The applicable commitment period mandated by 11 U.S.C.S. § 1325(b)(4) for above median debtors, which was the case, was sixty months. Since the debtors' proposed plan was shorter, and because the proposed plan did not pay unsecured creditors in full, it could not be confirmed. Based on their schedules, the debtors had monthly disposable income of $ 2,334. The debtors failed to overcome the presumption that the means test determination of disposable income was also their projected disposable income. They claimed a secured expense of $ 205.75, which was the monthly debt payment on their Starcraft camper, proposing to retain the camper and continue to make those payments to the lender. The creditor argued successfully that the camper was a luxury item that should be surrendered, and that the $205.75 of future income had to be devoted to paying unsecured creditors. Also, because the debtors' car was paid for, the court held that the debtors were not entitled to take the standard IRS table deduction for automobile expense against projected disposable income.
Ruling: 
Confirmation of above median debtors' plan denied due to 50 month commitment period rather than the required 60 months and insufficient payment to general unsecured creditors.
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Consumer case opionion summary, case decided on December 14,2007, LexisNexis #0909-022

In re Robinson

Pursuant to 11 U.S.C. § 362(c)(3)(A), the automatic stay provided was scheduled to terminate on October 27, 2007, the 30th day after the filing of their second bankruptcy petition. On October 23, 2007, the debtors filed a motion to extend the automatic stay and a motion to convert their case to a case under chapter 13. On October 31, 2007, the court entered an order granting the debtors' motion to convert their case to a case under chapter 13.
Ruling: 
Second-time debtor could not extend stay in converted case where motion was filed before expiration but timely hearing was not scheduled.
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Consumer case opionion summary, case decided on December 14,2007, LexisNexis #0208-038

Bosiger v. US Airways Inc.

After defendant airline's emergence from its second bankruptcy, plaintiff, a retired pilot, filed an action, alleging that the airline improperly terminated his pension benefits during the airline's first bankruptcy. The District Court for the Eastern District of Virginia dismissed the pilot's claim because the pilot failed to file a proof of claim during the airline's second bankruptcy. The pilot appealed.
Ruling: 
Pilot's claim for improper termination of pension benefits in debtor's first bankruptcy dismissed due to failure to file proof of claim in second bankruptcy.
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Commercial case opionion summary, case decided on December 14,2007, LexisNexis #0108-067

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