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In re Syroco Inc.

Chapter 11 debtor filed a motion that included a request that an order be entered pursuant to 11 U.S.C. § 366(c)(2) establishing that a security deposit equal to the current average cost of two weeks service be deemed as adequate assurance for the utility companies that failed to reply or object to the motion.
Ruling: 
Security deposit for two weeks service approved as adequate assurance for utility companies.
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Taratuska v. Educational Res. Inst. Inc. (In re Taratuska)

Plaintiff debtor filed a complaint in her underlying chapter 7 case, seeking a discharge of several student loans on an undue hardship basis, thereby commencing this adversary proceeding against defendant, a guarantor of one of the loans, who paid on debtor's default and eventually became a judgment creditor. Pending were the parties'cross-motions for summary judgment.
Ruling: 
Student loan guarantor did not operate program funded by nonprofit institution and could not seek to except debtor's loan from discharge.
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In re Kemp

A debtor filed for relief under chapter 13, and the debtor submitted a proposed amended chapter 13 plan. A chapter 13 trustee objected to confirmation of the amended plan on the grounds that the amended plan did not commit all of the debtor's projected disposable income as required by 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Confirmation of amended plan denied due to above median debtors failure to commit all monthly disposable income.
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Consumer case opionion summary, case decided on August 09,2007, LexisNexis #0108-018

United States v. Hyde

The District Court for the District of Massachusetts ruled that defendant bankruptcy debtor's restitution order, imposed in a criminal case, created an entirely new obligation owed to plaintiff United States unaffected by the debtor's homestead exemption and 11 U.S.C. § 522(c), and the United States could enforce its garnishment order against sale proceeds of the debtor's home. The debtor appealed the district court's order.
Ruling: 
Obligation under Mandatory Victims Restitution Act was not subject to homestead exemption.
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In re Hermosilla

A debtor had filed for relief under chapter 7. The debtor sought an order for approval of a divorce stipulation agreement between the debtor and his former wife, to be paid from the disposition of the postpetition sale proceeds of the debtor's homestead. The debtor also sought to impose sanctions against two attorneys.
Ruling: 
Attorneys did not violate stay in seeking to recover postpetition fees from proceeds of homestead property that had reverted to debtor.
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Consumer case opionion summary, case decided on August 06,2007, LexisNexis #0108-024

McGarry v. Chew (In re Chew)

Appellant siblings, who were referred to as creditors, challenged a decision of the District Court for the District of Massachusetts, which held that their arguments regarding their respective shares in appellee debtor's claimed state homestead exemption under 11 U.S.C. § 522(b) were barred by principles of claim preclusion due to their prior state court claims.
Ruling: 
Creditors'constructive trust arguments regarding debtor's homestead exemption should have been asserted in state court and properly barred by bankruptcy court.
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In re Birchall

A judgment creditor of a chapter 7 debtor filed a motion for a determination that the automatic stay of 11 U.S.C. § 362 did not apply to the debtor's incarceration for civil contempt. The debtor filed a motion to order the creditor to take all steps necessary to secure the immediate release of the debtor from incarceration.
Ruling: 
Incarceration for civil contempt was within scope of automatic stay.
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Whispering Pines Estates Inc. v. Flash Island Inc.

Appellant debtor challenged an order of the Bankruptcy Court for the District of New Hampshire confirming the third-party plan put forth by appellee, its secured creditor.
Ruling: 
Confirmation of third party plan reversed due to improper release of secured creditor proponent.
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In re Thurston

A bankruptcy debtor claimed an exemption in his homestead and subsequently claimed an exemption in settlement proceeds from a state court action which alleged that abutters were liable for flood damage to the debtor's homestead. The trustee objected to the exemption of the settlement proceeds.
Ruling: 
Settlement funds from lawsuit for damage to debtor's homestead were not exempt.
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In re Munger

Debtors, a husband and wife, filed a petition for relief under chapter 7, and the U.S. Trustee filed a motion to dismiss the case, pursuant to 11 U.S.C. § 707(b), and to extend the time for filing objections to the debtors'discharge under 11 U.S.C. § 727. The debtors opposed the trustee's motion.
Ruling: 
Unemployment compensation properly excluded from calculation of debtors'current monthly income.
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