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Braunstein v. Sperbeck (In re Logistics Info. Sys.)

Chapter 7 trustee filed a 10-count complaint against defendants, a corporation and various individuals, alleging, inter alia, that defendants made fraudulent conveyances under state law. The trustee sought an order requiring defendants to turn over assets to debtor corporation's bankruptcy law, and filed a motion for an order consolidating the debtor and defendant corporation. The case was tried to the court.
Ruling: 
Debtor consolidated with new corporation created by principal with debtor's funds.
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Commercial case opionion summary, case decided on March 18,2009, LexisNexis #0509-137

United States v. Coleman (In re Alloway)

In consolidated bankruptcy cases, United States Trustee brought adversary proceedings against pro se bankruptcy petition preparer alleging that the preparer failed to comply with the requirements of 11 U.S.C.S. § 110 in preparing bankruptcy documents for numerous bankruptcy debtors.
Ruling: 
Bankruptcy petition preparer sanctioned for making unsolicited phone calls to possible debtors.
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Consumer case opionion summary, case decided on February 18,2009, LexisNexis #0509-037

In re Romero

Before the court in the chapter 11 case was debtor's objection to Claim 4.2 and Claim 7 of a holder of two notes, each secured by mortgages on debtor's real estate. At issue was whether the note holder was entitled to recover prepayment fees provided for in the relevant loan documents.
Ruling: 
Creditor that received notice of plan and did not object could not recover prepayment fees not provided for in confirmed plan.
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Consumer case opionion summary, case decided on February 05,2009, LexisNexis #0309-128

Bronsdon v. Educational Credit Mgmt. Corp. (In re Bransdon)

Plaintiff debtor filed an adversary complaint seeking a discharge of her student loan debt to defendant creditor based on undue hardship, pursuant to 11 U.S.C.S. § 523(a)(8).
Ruling: 
64 year-old debtor with specialized legal secretary skills who had been unable to pass the bar granted undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on January 13,2009, LexisNexis #0309-013

In re Bernard

The United States Trustee moved to dismiss the debtors' case for abuse under 11 U.S.C.S. § 707(b)(2), or in the alternative, pursuant to 11 U.S.C.S. § 707(b)(3). The debtors objected to the motion. The court found that the motion turned on whether the debtors could properly deduct their income taxes withheld rather than the actual amount of the tax liability incurred.
Ruling: 
Case ordered dismissed or converted for abuse due to debtor's deduction of taxes withheld rather than actual tax liability resulted in understated current monthly income.
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Consumer case opionion summary, case decided on November 20,2008, LexisNexis #1208-121

In re Fontaine

The chapter 7 debtors delivered a copy of their federal tax return to the chapter 7 trustee at the 11 U.S.C.S. § 341 meeting with the creditors. However, they did not deliver of copy of the return to a creditor until the next day. The creditor moved to dismiss the chapter 7 case. The debtors' objected to the motion.
Ruling: 
Delivery of copy of tax return to creditor one day after it was provided to trustee was not grounds for dismissal.
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Consumer case opionion summary, case decided on November 17,2008, LexisNexis #1208-116

In re Fatsis

After the debtor failed to make plan payments in a timely manner, his chapter 13 case was converted to a chapter 7 case. After the chapter 7 trustee learned at the 11 U.S.C.S. § 341 meeting that the debtor had transferred nonexempt stock without notice or authorization, he moved to hold the debtor in contempt for violation of the confirmation order and for sanctions. The debtor objected to the motion. The court held an evidentiary hearing.
Ruling: 
Debtor sanctioned in amount received in unauthorized transfer of nonexempt stock.
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Consumer case opionion summary, case decided on November 14,2008, LexisNexis #1208-132

King v. United States (In re King)

Defendants, the United States, the Internal Revenue Service (IRS), and two IRS agents, filed a motion to dismiss plaintiff chapter 13 debtors' action, which alleged willful violation of the automatic stay of 11 U.S.C.S. § 362, intentional infliction of emotional distress, and negligent infliction of emotional distress.
Ruling: 
Debtors' proceeding against IRS for willful violation of stay dismissed.
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Consumer case opionion summary, case decided on November 03,2008, LexisNexis #0109-040

In re Vitalsigns Homecare Inc.

The matter came before the court for hearing on the chapter 7 trustee's motion to authorize the sale of property of the estate (namely, debtor's Medicare provider number), free and clear of liens, claims, and encumbrances, and the partial objection of the United States, on behalf of the Department of Health and Human Services (HHS). The potential purchaser filed a statement in support of the trustee's motion.
Ruling: 
Trustee allowed to sell debtor's medicare provider number free and clear.
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Commercial case opionion summary, case decided on October 29,2008, LexisNexis #0109-074

Bartel v. Walsh (In re Bartel)

Plaintiff, the chapter 7 debtor, brought adversary claims seeking damages and injunctive relief against defendants, a former district attorney (D.A.) and a state police officer, alleging they violated the automatic stay by instituting criminal proceedings against him and seizing his financial records pursuant to a search warrant, depriving him of the protection of the automatic stay. The D.A. and the officer moved for summary judgment.
Ruling: 
There are no exceptions to criminal prosecution exception from stay.
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Consumer case opionion summary, case decided on October 16,2008, LexisNexis #1108-059

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