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In re Strojny

Debtors, an attorney and his wife, declared chapter 13 bankruptcy in 2008, but converted their case to one under chapter 7 of the Bankruptcy Code in March 2010. The debtors received a discharge in July 2010, and in June 2011, a former client of the male debtor filed a motion pursuant to 11 U.S.C.S. § 350 for an order reopening the debtors' case. The debtors opposed the motion, and the debtors and client filed cross-motions for summary judgment.
Ruling: 
Added creditor's motion to reopen debtor's case to file a nondischargeability proceeding denied due to failure to object prior to court imposed deadline.
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Consumer case opionion summary, case decided on December 29,2011, LexisNexis #0212-017

Ackley v. Sallie Mae Student Loans (In re Ackley)

Citing 11 U.S.C.S. § 523(a)(8), debtors, a married couple who filed a chapter 7 case, asked the court to find that they were entitled to discharge their obligations for student loans for themselves and their adult children, which loans totaled around $460,000.
Ruling: 
Elderly debtors with multiple physical ailments granted undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on December 23,2011, LexisNexis #0212-057

Reich v. Hallet (In re Hallet)

The former wife of the chapter 7 debtor filed a adversary proceeding against defendant in which she sought a determination that a default judgment was nondischargeable under 11 U.S.C.S. § 523. The court, having denied both parties' motions for summary judgment, reconsidered its decision following plaintiff's request for a status conference.
Ruling: 
On reconsideration, default judgment incorporated in domestic relations order found to have fully litigated issue of larceny for purposes of nondischargeability.
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Consumer case opionion summary, case decided on December 19,2011, LexisNexis #0112-104

In re Landry

In connection with a motion for relief from stay per 11 U.S.C.S. § 362 by movant creditor, a mortgagee, and the motion to avoid filed by debtor, issues arose as to the proper date for the valuation of debtor's residential property, the determination of which was relevant to whether debtor might avoid or strip off movant's interest, a second mortgage lien, under 11 U.S.C.S. § 1322(b) and 11 U.S.C.S. § 1325.
Ruling: 
Current property value used to determine that second mortgage was unsecured.
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Consumer case opionion summary, case decided on December 14,2011, LexisNexis #0112-062

Keven A. McKenna PC v. Stone (In re Keven A. McKenna PC)

Debtor attorney filed chapter 11 bankruptcy cases individually and on behalf of his firm, and a former employee filed claims against both bankruptcy estates. The debtor filed adversary proceedings against the employee which contested his claims, and after the debtor's case was converted to one under chapter 7 of the Bankruptcy Code and trustees were appointed for both bankruptcy estates, the trustees assumed responsibility for the proceedings.
Ruling: 
Employee's claims against debtors limited to unpaid wages absent evidence of other claims.
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Commercial case opionion summary, case decided on December 02,2011, LexisNexis #0112-012

In re Padilla

This case was before this court upon the trustee's objection to debtors' claim for exemption under 11 U.S.C.S. § 522(d)(5) and the oppositions filed by debtors.
Ruling: 
Debtor could not claim exemption in property owned solely by co-debtor spouse.
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Consumer case opionion summary, case decided on November 28,2011, LexisNexis #1211-119

Cadle Co. v. Andersen (In re Andersen)

Creditor brought an adversary proceeding against bankruptcy debtor seeking revocation of the debtor's discharge alleging that the debtor improperly refused to answer questions concerning potentially concealed assets during an examination. The debtor moved to dismiss the complaint for lack of jurisdiction based on the creditor's failure to timely seek revocation under 11 U.S.C.S. § 727(e).
Ruling: 
Proceeding for revocation of discharge dismissed as untimely.
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Consumer case opionion summary, case decided on November 21,2011, LexisNexis #1211-092

In re Hermanos Torres Perez Inc.

Debtor filed a petition for relief under chapter 11 of the Bankruptcy Code, and a plan for liquidation. A creditor filed a motion to convert under 11 U.S.C.S. § 1112(b) and an objection to confirmation.
Ruling: 
Unsecured creditor's motion to convert case to chapter 7 denied absent cause and given unusual circumstance of debtor's proceeding against creditor.
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Commercial case opionion summary, case decided on November 21,2011, LexisNexis #0112-028

In re Quincy Medical Ctr.

Chapter 11 debtors sought confirmation of their joint plan of liquidation, which contained provisions for certain releases, exculpation, and injunctions.
Ruling: 
Plan could be confirmed with modifications to proposed releases, injunction provisions and exemptions.
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Commercial case opionion summary, case decided on November 16,2011, LexisNexis #1211-094

Sampson Lumber Co. Inc. v. Tucci (In re Tucci)

Creditor filed a complaint against debtors, seeking to establish the nondischargeability of a judgment awarded against debtor pursuant to 11 U.S.C.S. § 523(a), Debtor husband moved for summary judgment, Fed. R. Civ. P. 56.
Ruling: 
Statement of ownership was not a representation of financial condition that could be a basis for nondischargeability if false.
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Consumer case opionion summary, case decided on November 15,2011, LexisNexis #1211-084

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