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In re Paradis

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and the Internal Revenue Service ("IRS") filed a secured claim and an unsecured claim against the debtors' bankruptcy estate. The debtors filed an objection to the IRS's unsecured claim and asked the court to confirm a plan they proposed that did not give the IRS's unsecured claim priority status. The parties submitted the issue on a stipulated record.
Ruling: 
IRS claim for taxes assessed more than three years before petition date could be treated as unsecured in plan.
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Consumer case opionion summary, case decided on September 10,2012, LexisNexis #1012-048

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

Plaintiff bankruptcy debtors brought an adversary proceeding against defendant mortgagee alleging that the mortgagee violated the discharge injunction of 11 U.S.C.S. § 524(a)(2) by sending the debtors a collection letter and refusing to foreclose against the debtors' real property which the debtors surrendered to the mortgagee.
Ruling: 
Mortgagee's collection letter violated discharge injunction but refusal to foreclose did not.
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Consumer case opionion summary, case decided on February 17,2011, LexisNexis #0311-054

In re M.W. Sewall & Co.

Debtor filed a voluntary petition for relief under chapter 11. Shortly thereafter, the State of Maine Bureau of Alcoholic Beverages and Lottery Operations (the Bureau) moved for relief from the 11 U.S.C.S. § 362 stay, seeking an order requiring debtor to remit to it all receipts of lottery tickets delivered to debtor prepetition, whether sold by debtor pre- or postpetition.
Ruling: 
Lottery bureau held general unsecured claim for ticket sales receipts and was not entitled to relief from stay.
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Commercial case opionion summary, case decided on July 16,2010, LexisNexis #1010-008

Epstein v. Defilippi (In re Defilippi)

Plaintiff, a guardian ad litem, sought a determination that an amount owed to her by defendant chapter 7 debtors was excepted from discharge as a domestic support obligation under 11 U.S.C.S. §§ 101(14A) and 523(a)(5). The guardian ad litem made a motion for judgment as a matter of law under Fed. R. Civ. P. 50(a), which the court treated as a motion for summary judgment pursuant to Fed. R. Civ. P. 56 and Fed. R. Bankr. P. 7056.
Ruling: 
Guardian ad litem's claim was a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on June 03,2010, LexisNexis #0810-089

In re Bosse

Counsel for chapter 13 debtors filed a fee application, but the trustee objected to several entries itemizing time expended and tasks performed. The trustee also sought direction as to how approved fees would be paid under the terms of the confirmed plan and claims allowance order.
Ruling: 
Fee application granted with reductions for clerical time and excessive time spent on preparing petition.
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Consumer case opionion summary, case decided on July 14,2009, LexisNexis #0809-073

In re Granger

Plaintiffs, debtors in separate bankruptcies, each filed an adversary proceeding against defendant creditor, the Maine Department of Environmental Protection, to determine the dischargeability of a debt. The parties filed cross-motions for summary judgment.
Ruling: 
Penalty portion of debt owed to state environmental commission for violations was nondischargeable but reduced to the extent debtors made postpetition payments.
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Consumer case opionion summary, case decided on October 08,2008, LexisNexis #1108-013

In re Littlefield

The debtors filed for relief under chapter 13 of the Bankruptcy Code. A creditor sought relief from the automatic stay, asserting that the periodic payments made to it toward a purchase money lien it retained on a dump truck fell short of providing adequate protection. The creditor also objected to the debtors' motion to allow and disallow claims.
Ruling: 
Hanging paragraph applied to bar modification of claim secured by dump truck acquired for nonpersonal use within one year of filing.
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Consumer case opionion summary, case decided on May 20,2008, LexisNexis #0708-019

In re Look

A creditor objected to confirmation of a debtor's chapter 13 plan.
Ruling: 
Incorporation of negative equity into motor vehicle loan precluded application of anti- bifurcation provision of hanging paragraph.
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Consumer case opionion summary, case decided on March 06,2008, LexisNexis #0408-019