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In re Whispering Pines Estate Inc.

Creditor, which held a first mortgage and second mortgage on the debtor's property, filed two motions. The first was a motion for relief from the automatic stay, and the second was a motion requesting the court to instruct the United States Trustee to appoint a chapter 11 trustee.
Ruling: 
Relief from stay granted to mortgagee creditor due to probable lack of equity and debtor's inability to refinance.
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In re Harris

A debtor who filed for bankruptcy relief under chapter 7 sought to amend his claim of exemptions under Fed. R. Bankr. P. 1009(a) to list certain assets as exempt. However, a creditor and the trustee objected to both the valuation of those assets and to their exemption.
Ruling: 
Debtor could not amend schedules to claim exemptions for property that had been intentionally concealed.
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Kalil v. Mullen (In re Mullen)

Chapter 11 debtor filed a motion to dismiss a complaint brought by plaintiff ex-spouse against defendants, debtor and debtor's related entities, which sought to preliminarily enjoin defendants from continuing to pursue a state court fraudulent transfer action.
Ruling: 
Proceeding regarding alleged fraudulent transfer of debtor's business to former spouse was related to bankruptcy.
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Neal v. New Hampshire Higher Educ. Assistance Found.

Plaintiff debtors filed a complaint seeking an undue hardship discharge of their student loans under 11 U.S.C. § 523(a)(8).
Ruling: 
Student loan debt discharged upon default by debtors'attorney in personal injury action, proceeds of which would have funded chapter 13 plan payments.
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In re Pittsfield Weaving Co.

A debtor filed an application for authority to retain certain counsel. The U.S. trustee objected to the application, alleging that counsel was not disinterested under 11 U.S.C. § 327(a) and might represent an adverse interest to the debtor.
Ruling: 
Debtor allowed to retain counsel whose disinterested status was in question but who waived retainer.
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In re Lyons

A chapter 7 debtor filed a motion seeking to avoid a creditor's judicial lien on his personal residence pursuant to 11 U.S.C. § 522(f). The creditor opposed the motion.
Ruling: 
Judicial lien fully impairing debtor's state exemption in homestead equity could be avoided.
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In re Brown

Bankruptcy debtor filed a voluntary chapter 13 petition. The debtor filed a motion for order directing trustee to reserve fund pursuant to 11 U.S.C. § 105(a), in which the debtor sought to have the chapter 13 estate pay capital gains taxes triggered by the postpetition sale of the debtor's interest in rental property. The chapter 13 trustee and a creditor objected to some or all of the motion.
Ruling: 
Capital gains taxes owed on sale of property were sole responsibility of debtor and not the estate.
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Baker v. Somerville Mun. Fed. Credit Union (In re Baker)

Plaintiff debtor brought a complaint against defendant lender alleging violation of the automatic stay, 11 U.S.C. § 362, and the discharge injunction pursuant to 11 U.S.C. §§ 524 and 105. The matter came before the court for hearing on cross motions for summary judgment.
Ruling: 
Collection notices sent by creditor with actual notice were presumptively deliberate violations of stay.
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In re Tinker

Debtor moved to avoid the judicial liens of two creditors pursuant to 11 U.S.C. § 522(f) because the liens purportedly impaired his homestead exemption. The creditors challenged the validity of the debtor's claimed homestead exemption. Debtor argued that the creditors'failure to object to the claimed homestead exemption before the expiration of the 30 day deadline imposed by Fed. R. Bankr. P. 4003(b) precluded their challenge.
Ruling: 
Secured creditors were not required to object to claimed homestead exemption until debtor challenged lien.
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Riley v. Tougas (In re Tougas)

Chapter 7 trustee sought denial of debtor's discharge pursuant to 11 U.S.C. § 727(a)(3) and (a)(6) for debtor's alleged refusal and failure to produce certain documents and for her alleged unjustifiable failure to keep or maintain records from which her financial transactions could be ascertained.
Ruling: 
Denial of discharge not warranted where unproduced bank records could have been obtained via a 2004 examination and debtor had mitigating circumstances including illness.
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