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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

Trask v. Bac Home Loans Servicing LP (In re Trask)

Defendant mortgage creditor appealed from a judgment of the U.S. Bankruptcy Court for the District of Maine in favor of plaintiff chapter 7 trustee, and against the creditor as to their competing interests in certain real estate.
Ruling: 
Judgment that trustee held superior interest to creditor holder of mortgage with incorrect property description affirmed.
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Consumer case opionion summary, case decided on December 15,2011, LexisNexis #0112-053

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

Canning v. Benefit Me. Inc. (In re Canning)

Debtors appealed from a judgment of the U.S. Bankruptcy Court for the District of Maine holding that defendants (collectively "mortgagee") did not violate the discharge injunction by refusing to foreclose or release its mortgage lien on debtors' residence. Debtors complaint below was brought under 11 U.S.C.S. §§ 105, 524(a)(2).
Ruling: 
Refusal to foreclose or release mortgage lien properly held not to violate discharge injunction.
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Consumer case opionion summary, case decided on December 12,2011, LexisNexis #0112-019

New Hampshire v. McGrahan (In re McGrahan)

Appellant, the State of New Hampshire Department of Health and Human Services (DHHS), challenged an order from the U. S. Bankruptcy Court for the District of New Hampshire granting appellee debtor's amended motion to modify his confirmed chapter 13 plan under 11 U.S.C.S. § 1329 by reducing the amount of DHHS's claim for unpaid child support. and holding that DHHS could not engage in any further intercepts of his income tax refunds.
Ruling: 
Second modified plan could not prohibit confiscation of tax refunds for support payments if it did not specifically address the issue.
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Consumer case opionion summary, case decided on December 07,2011, LexisNexis #0112-030

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

Soto-Rios v. Banco Popular de P.R.

Chapter 11 debtors sought to avoid creditor bank's mortgages, and to prevent any post-petition actions that would perfect them under 11 U.S.C.S. §§ 362(a), 544(a), 547(b). On summary judgment, the bankruptcy court rejected the debtors' efforts. The U.S. District Court for the District of Puerto Rico affirmed. The debtors appealed.
Ruling: 
Mortgages that were perfected outside of 90-day window properly held unavoidable.
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Consumer case opionion summary, case decided on November 23,2011, LexisNexis #1211-053

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