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In re Nicol

Counsel filed an application for the allowance of compensation for services rendered to the debtors in a chapter 11 bankruptcy case under 11 U.S.C.S. § 330(a)(1).
Ruling: 
Attorneys' compensation in chapter 7 case allowed in reduced amount due to limited benefit of initial chapter 11 representation.
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Consumer case opionion summary, case decided on November 14,2008, LexisNexis #0109-003

In re Davis

The chapter 13 trustee filed an objection to confirmation of the debtor's plan, asserting that the treatment of the claims of three secured judgment creditors under the proposed plan did not comply with the requirements imposed by 11 U.S.C.S. § 1325(a)(5)(B). The debtor argued that, because none of those creditors had objected to the proposed plan, 11 U.S.C.S. § 1325(a)(5)(A) was satisfied and § 1325(a)(5)(B) need not be considered.
Ruling: 
Plan could be confirmed despite noncompliant treatment of three claims where creditors did not object.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #0109-024

McDow v. Daniels-Brown (In re Daniels-Brown)

Movant United States Trustee (UST) filed a motion to dismiss a chapter 7 debtor's case under 11 U.S.C.S. § 707(b), claiming that allowing the debtor to discharge her debts would have been an abuse of the bankruptcy system.
Ruling: 
Case dismissed for abuse where debtor overstated expenses and understated projected tax refund.
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Consumer case opionion summary, case decided on November 12,2008, LexisNexis #0109-019

In re Gay

The attorney for a chapter 11 debtor filed an application for compensation, seeking approximately $ 88,000 in attorney's fees and costs.
Ruling: 
Debtor's attorneys' fees allowed in reduced amount due to failure to disclose payment by non- debtor entity.
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Consumer case opionion summary, case decided on June 27,2008, LexisNexis #0908-132

In re Belcher

Before the court was a final application for allowance of attorney's fees to counsel for the chapter 7 trustee in the case of the male debtor. The applicants sought compensation of $ 11,696. The application presented an unusual situation in that the chapter 7 trustee liquidated no assets and made no distribution in this consolidated case.
Ruling: 
Trustee's counsel fees allowed in reduced amount where requested fee was out of proportion to results.
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Consumer case opionion summary, case decided on June 03,2008, LexisNexis #0708-065

In re Pinckney

A debtor was ordered to show cause why his chapter 13 bankruptcy case should not have been dismissed on the ground that the schedules listed more secured debt than the maximum allowed under 11 U.S.C.S. § 109(e).
Ruling: 
Chapter 13 case ordered converted or dismissed due to secured debt in excess of limits.
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Consumer case opionion summary, case decided on May 09,2008, LexisNexis #0608-036

Dubois v. Lindsley (In re Lindsley)

Plaintiffs creditors filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a judgment they obtained against the debtor in an action they filed in the Circuit Court for Anne Arundel County (Maryland) was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The case was tried to the court.
Ruling: 
Judgment based on debtor's improper sale of mitigation credits was nondischargeable.
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Consumer case opionion summary, case decided on April 22,2008, LexisNexis #0608-136

In re Johnson

Before the court, on remand from the U.S. District Court for the District of Maryland, was a creditor's motion to reconsider seeking a ruling per Marrama that debtor's prepetition conduct amounted to cause for reconversion or dismissal under 11 U.S.C.S. § 1307(c) and therefore the conversion of the case to chapter 13 amounted to an abuse of process.
Ruling: 
Confirmation vacated due to debtor's willful destruction of property and insurance fraud.
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Consumer case opionion summary, case decided on March 25,2008, LexisNexis #0508-069

Logan v. Williams (In re Williams)

Plaintiff chapter 7 trustee filed an objection to exemptions claimed by defendant chapter 7 debtor. The trustee and defendants, including the debtor's former wife, filed cross- motions for summary judgment in the trustee's complaint for avoidance of lien, turnover of property, and damages.
Ruling: 
Debtor's separated but not divorced from non-debtor spouse with no joint creditors entitled to exemption for home owned by the entireties.
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Consumer case opionion summary, case decided on March 17,2008, LexisNexis #0408-132

In re Chim

Chapter 7 debtor filed a motion to approve a reaffirmation agreement with a lender pursuant to 11 U.S.C.S. § 524(c).
Ruling: 
Court declined to approve reaffirmation agreement due to presumption of undue hardship.
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Consumer case opionion summary, case decided on January 25,2008, LexisNexis #0208-117