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McDermott v. DB McCully Bail Bonds Inc. (In re McDermott)

A Chapter 7 debtor sought to avoid both pre- and post-petition garnishments of his wages pursuant to 11 U.S.C.S. § 547(b) and 11 U.S.C.S. § 549 by defendant judgment creditor.
Ruling: 
Preference period and postpetition garnishments were avoidable.
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Consumer case opionion summary, case decided on November 22,2010, LexisNexis #1210-125

Logan v. Citi Mortg. Inc. (In re Schubert)

After plaintiff, the chapter 7 trustee, filed an adversary complaint against defendants, Lenders 1 and 2, to avoid Lender 1's interest as a preference under 11 U.S.C.S. § 547 and to determine the value of Lender 2's secured interest, which arose from its grant of an equity line of credit (LOC) to debtors, the court determined that Lender 1's interest was an avoidable preference but left open the issue of whether equitable subrogation applied.
Ruling: 
Equitable subrogation applied to prevent avoidance of refinanced first mortgage in favor of successor to original lender.
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Consumer case opionion summary, case decided on October 12,2010, LexisNexis #1110-094

Hale Trailer Brake & Wheel Inc. v. Cramblitt (In re Cramblitt)

Creditor filed an adversary proceeding seeking a determination that a chapter 7 debtor's guaranty obligation was not dischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
Guaranty obligation of debtor who misrepresented his status as CEO of company receiving credit was nondischargeable.
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Consumer case opionion summary, case decided on August 17,2010, LexisNexis #1010-016

In re Eader

Debtors filed a petition for chapter 7 bankruptcy protection. Movant lessor moved for approval of a lease agreement between debtors and the lessor.
Ruling: 
Lease assumption agreement could not be approved as included waiver of discharge protection required a reaffirmation agreement.
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Consumer case opionion summary, case decided on March 22,2010, LexisNexis #0610-095

In re Wick

A chapter 13 debtor sought confirmation of an amended plan. The chapter 13 Trustee opposed confirmation, asserting that the plan was not proposed in good faith and the plan failed to provide that all of the debtor's projected disposable income during the commitment period of the plan would be applied to the plan as required.
Ruling: 
Plan confirmed as utilizing all debtor's projected disposable income despite apparent disproportionate amount devoted to high priced residence.
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Consumer case opionion summary, case decided on January 05,2010, LexisNexis #0210-031