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In re Lane

Ruling: 
Evidentiary hearing was necessary to determine if former spouse's claim was a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on July 14,2014, LexisNexis #0814-036

In re Irving Tanning Co.

The court's memorandum contained findings of fact and conclusions of law pursuant to Fed. R. Bankr. P. 7052 on debtors' contested joint plan of reorganization in these jointly administered chapter 11 cases and a related adversary proceeding. Several parties (the "Objecting Parties") objected to the proposed use of the Self-Insurance Funds and opposed the Self-Insurance Channeling Injunction.
Ruling: 
Confirmation denied on feasibility grounds.
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Commercial case opionion summary, case decided on August 28,2012, LexisNexis #0912-097

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

In re Davenport

Debtor was over 60. He sought to avoid a creditor's judicial lien under 11 U.S.C.S. § 522(f) of the Bankruptcy Code because it impaired his exemption. The creditor objected to debtor's age-enhanced exemption claim and to his request to avoid her lien. The court's decision was pending.
Ruling: 
Judicial lien avoided as impairing debtor's state residence exemption.
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Consumer case opionion summary, case decided on January 12,2011, LexisNexis #0211-048

Winslow v. Salem Five Mortg. Co. LLC (In re Winslow)

Plaintiff debtor sought damages from defendant creditor for violation of the discharge injunction under 11 U.S.C.S. § 524(a)(2). She alleged that the creditor, a mortgage company, published inaccurate credit reports and issued improper default notices.
Ruling: 
Creditor violated discharge injunction by publishing inaccurate credit report.
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Consumer case opionion summary, case decided on July 30,2008, LexisNexis #1208-066

Young v. Camelot Homes Inc. (In re Young)

Plaintiff bankruptcy debtors, a husband and his wife, had separate chapter 13 cases under joint administration. The debtors brought an adversary proceeding against defendant judgment creditor seeking to bifurcate the creditor's claim into secured and unsecured claims and to avoid the creditor's judgment lien on exempt property. The debtors moved for summary judgment.
Ruling: 
Bifurcation of claims secured by storage facility, residence and vehicles into secured and unsecured claims granted.
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Consumer case opionion summary, case decided on July 02,2008, LexisNexis #0908-048

In re Dilley

An involuntary petition in bankruptcy was filed against the debtor in court. The trustee gave notice of his intention to abandon all of the property placed in trust by the debtor for the benefit of his three children, pursuant to 11 U.S.C. § 554. Two conservators for two of the children and the estate of the debtor's late wife objected to the abandonment.
Ruling: 
Trustee could abandon property placed in trust for children of involuntary debtor who billed estranged wife and mother.
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Consumer case opionion summary, case decided on November 08,2007, LexisNexis #1207-136

In re Dilley

Chapter 7 debtor filed a motion to dismiss the involuntary chapter 7 petition filed against the debtor pursuant to 11 U.S.C. § 303(b)(1) by petitioners, the estate of his deceased wife and the conservator for each of her two surviving children. The court treated the motion as one for summary judgment because matters outside the pleadings were offered for consideration. Debtor also filed a request for abstention.
Ruling: 
Debtor's not guilty plea in criminal homicide case raised liability dispute warranting dismissal of an involuntary chapter 7 case filed by the deceased's estate and children.
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