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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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Nickless v. Kessler (In re Berman)

Plaintiff chapter 7 trustee sued defendant life estate holder, seeking an order quieting title of certain property in his favor and recovery of the property taxes deferred by defendant. The trustee and defendant moved for summary judgment. The trustee and debtor moved for sanctions against defendant and her attorneys for willful violation of the automatic stay and a declaration that a state probate court order was void ab initio.
Ruling: 
Challenge to probate court determination of debtor's interest in decedent's estate violated stay.
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Honey Dew Assocs. v. Monaco (In re Monaco)

Plaintiff franchiser sued defendant debtors, seeking to deny their discharges pursuant to 11 U.S.C. § 727(a)(2)(A), (a)(3) and (a)(4)(A), or, alternatively, to except the debt owed to the franchisor from discharge pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(6) and (c)(1). The debtors moved to dismiss the complaint pursuant to Fed. R. Bankr. P. 7009 and 7012.
Ruling: 
Complaints in denial of discharge proceeding were sufficiently plead.
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In re Jumpp

The matter came before the court on motion for determination and declaratory judgment as to continuance and existence of an automatic stay with respect to the residences of two debtors and debtors'motions to reimpose the automatic stay as to all creditors pursuant to 11 U.S.C. § 105(a). Mortgagee opposed, with respect to the residence of each debtor, to each of the foregoing motions.
Ruling: 
Debtor's motion for continuance of automatic stay was denied.
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In re Atamian

Debtor filed a motion pursuant to 11 U.S.C. § 362(h) for sanctions, damages, and punitive damages against creditor and the creditor's insurer, as subrogee. The creditor opposed the motion and also filed a request for clarification of the court's previous order that granted the creditor limited relief from the automatic stay to permit the creditor to continue to pursue claims against the debtor.
Ruling: 
Debtor was granted motion for actual and punitive damages for creditor's violation of stay.
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In re Crane Rental Co.

Creditor provided health care, disability, pension and 401(K) plan benefits to heavy equipment operators working in the construction industry, including the employees of the debtor. The creditor filed a motion to amend its proof of claim, or in the alternative for leave to file a late claim.
Ruling: 
Late-filed proof of claim was allowed due to excusable neglect.
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Nickless v. Aaronson (In re Katz)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant partners in a partnership in which the debtor was also a partner, seeking a wind up of the partnership and a sale of partnership assets. The partners moved to dismiss the complaint for lack of subject matter jurisdiction.
Ruling: 
Court abstained on ruling on trustee's efforts to obtain a winding up and accounting of a partnership in favor of a state court action.
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Culley Septic Serv. V. Culley Excavation & Septic Serv. (In re Culley)

Plaintiff filed an action in state court against defendant company that was a "doing business as" of the debtor. The debtor removed the lawsuit to the court. The court granted plaintiff's emergency motion for a remand, and then granted the debtor's motion for reconsideration. Upon reconsideration, the court issued findings of fact and conclusions of law.
Ruling: 
Court abstained from adjucating the matter and granted motion to remand the case to state court since the case involved intrastate commerce matters only.
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