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In re Perrotta

The debtor moved for confirmation of her proposed chapter 13 plan. The creditor which held a security interest in the debtor's vehicle filed an objection as well as a motion for relief from the automatic stay or for adequate protection. The creditor contended that the debtor improperly bifurcated its secured claim in contravention of the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9).
Ruling: 
Discovery by United States Trustee not necessary prior to filing motion to dismiss for presumption of abuse.
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Consumer case opionion summary, case decided on November 07,2007, LexisNexis #1207-050

In re Machado

The debtor moved for confirmation of her proposed chapter 13 plan. The chapter 13 trustee objected because the plan: (1) discriminated in favor of nondischargeable student loan debt and against other nonpriority unsecured debt, and (2) excluded certain cure-and-maintain payments on long-term unsecured debt from the chapter 13 trustee's statutory compensation.
Ruling: 
Confirmation denied due to failure to channel cure payments through trustee.
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Consumer case opionion summary, case decided on November 06,2007, LexisNexis #1207-058

Braunstein v. Milhem (In re Milhem)

Plaintiff trustee sought summary judgment on an adversary complaint requiring debtor, per 11 U.S.C. § 521(a)(4) and 11 U.S.C. § 542, to turn over proceeds of a postpetition sale of a trust interest and certain banking records. It also sought an order applying debtor's interest in his brother's probate estate to debtor's obligations to the bankruptcy estate based on an alleged failure to turn over other assets. Debtor opposed the motion.
Ruling: 
Debtor ordered to turn over proceeds of sale of gas station deposited in foreign bank account.
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Consumer case opionion summary, case decided on October 31,2007, LexisNexis #1207-043

Potapov v. Dunn (In re Dunn)

On remand from the District Court for the District of Massachusetts, the court considered a motion for summary judgment filed by plaintiffs, an individual brokerage firm customer and a corporate brokerage firm customer, in their action against defendant chapter 7 debtors, seeking a determination that a debt owed by the debtors arising from an arbitration award was excepted from discharge under 11 U.S.C. § 523(a)(4) and /or (a)(6).
Ruling: 
NASD arbitration award not excepted from discharge where role of each of debtors in fraudulent transfer was not clear.
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Consumer case opionion summary, case decided on October 30,2007, LexisNexis #1207-132

Vidal v. Alvarado

Appellant, son of a lessor and his widow, challenged the Bankruptcy Court for the District of Puerto Rico's grant of partial summary judgment in favor of appellees, debtors, and against the son based on its finding that the son willfully violated the automatic stay provision 11 U.S.C. § 362 and aided and abetted the widow in actions that constituted a willful violation of the automatic stay.
Ruling: 
Widow and son wilfully violated stay by pursuing rent collection and eviction.
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Consumer case opionion summary, case decided on October 26,2007, LexisNexis #1207-027

In re Torres

In a prior judgment, the court awarded the debtors compensatory damages for travel expenses and emotional distress to remedy a violation of the discharge injunction by the IRS. The United States (government) appealed the determination of emotional damages on sovereign immunity grounds, and it was vacated on appeal. On remand, the court reconsidered the issue in light of the First Circuit's opinion.
Ruling: 
Award of damages against IRS for emotional distress due to violation of discharge injunction vacated due to lack of specific waiver of sovereign immunity.
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Consumer case opionion summary, case decided on October 09,2007, LexisNexis #1207-026

In re 220 Ferry St. LLC

Pending was the court's decision on two separate but related motions: one by debtor seeking authorization to borrow money on a senior and priming lien basis under 11 U.S.C. § 364(d)(1) (B and rowing Motion) the other by a secured claimant seeking adequate protection in connection with that borrowing (Adequate Protection Motion).
Ruling: 
Debtor allowed to borrow money on senior and priming lien basis.
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Commercial case opionion summary, case decided on September 26,2007, LexisNexis #1007-108

In re Hayes

Bankruptcy debtors'schedules indicated secured mortgage debt and the debtors included mortgage payments in their current monthly expenses, but the U.S. Trustee asserted that the mortgage payments were not expenses because the debtors intended to surrender the mortgaged property. The trustee moved to dismiss the debtors'case based on a presumption of bankruptcy abuse under 11 U.S.C. § 707(b)(2).
Ruling: 
Mortgage payments scheduled within 60 months postpetition could be claimed as expenses regardless of intent to surrender.
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Consumer case opionion summary, case decided on September 26,2007, LexisNexis #1007-120

In re Jones

A chapter 13 trustee objected to the confirmation of an above median debtor's plan on that the grounds that 11 U.S.C. § 1325(b)(2) and (b)(3) precluded confirmation when the plan payments were less than the debtor's monthly disposable income.
Ruling: 
Plan payments less than monthly disposable income allowed where all unsecured claims would be paid in full.
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UPS Cap. Bus. Credit v. Gencarelli (In re Gencarelli)

At issue was a commercial lender's right to receive a bargained-for prepayment penalty from a solvent debtor. Defendant creditor sought review of a decision of the District Court for the District of Rhode Island, which held that 11 U.S.C. § 506(b) governed and that it could recover prepayment penalties only if they were reasonable; it further affirmed a bankruptcy court's determination that they were not.
Ruling: 
Bankruptcy court erred in disallowing claim for prepayment penalties based on standards for priority rather than allowability.
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