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In re Hassett

A debtor filed a motion to reopen her chapter 7 bankruptcy case.
Ruling: 
Motion to reopen case was granted, but debtor was required to move for extension of time to file certificate of completion of financial management course since debtor had failed to complete course.
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In re 3 Ram Inc.

A corporate bankruptcy debtor existed only to hold a liquor license which was used in the business of the debtor's sole shareholder, and the debtor filed bankruptcy to avoid a creditor's execution against the license based on allowance of the creditor's claim in the shareholder's bankruptcy. The creditor moved to dismiss the debtor's bankruptcy case for cause pursuant to 11 U.S.C. § 1112(b)(1).
Ruling: 
Case was dismissed since bankruptcy filing was not warranted to resolve two-party dispute over liquor license.
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Schott v. Ford Motor Credit Co. (In re Compton)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid a security interest in the debtors'vehicle. The trustee alleged that the security interest was a preference under 11 U.S.C. § 547 and he was entitled to avoid the lien.
Ruling: 
Trustee was entitled to avoid creditor's security interest as preferential transfer.
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In re FF Holdings Corp.

Investment fund brought before the court an application for allowance of expenses from debtors pursuant to 11 U.S.C. § 503(b)(3) and (4). Debtors did not oppose the fund's application; however, the trustee filed an objection.
Ruling: 
Investment fund was granted application for allowance of expenses since the fund provided a substantial contribution to debtors'estate and creditors.
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In re Latovljevic

The debtor requested an exemption from the Bankruptcy Code's credit counseling requirements due to his incarceration. The trustee objected to the request for an exemption and sought to have the debtor's case dismissed on the basis that the debtor failed to obtain prepetition, non-profit, budget and credit counseling services.
Ruling: 
Court denied debtor's request for exemption from prefiling credit counseling due to incarceration and dismissed case.
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Dobin v. Hill (In re Hill)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant, the former spouse of a bankruptcy debtor, seeking to avoid transfers from the debtor to the spouse in a divorce settlement as fraudulent transfers under 11 U.S.C. § 548(a)(1)(A). The trustee asserted that the settlement was disproportionately favorable to the spouse and was intended to deprive creditors of the debtor's assets.
Ruling: 
Transfers to spouse in divorce settlement were deemed avoidable fraudulent transfers since the transfers disproportionately favored the spouse and were intended to deprive creditors of assets.
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Tip Top Tree Experts LLC v. Corley (In re Corley)

Plaintiff creditor sued defendant debtors, seeking to have a debt for tree removal services deemed nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and to have the debtors'discharge denied pursuant to 11 U.S.C. § 727(a)(4) and (a)(2)(A). The court held an evidentiary hearing. Plaintiff filed a motion to amend the complaint to conform to the evidence, seeking to include 11 U.S.C. § 523(a)(4) and (a)(6) nondischargeability counts.
Ruling: 
Debt was deemed dischargeable since debtors had not knowingly and fraudulently made a false oath or made false representations to deceive.
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Paul Harris Stores Inc. v. Expeditors Intl Of Washington Inc. (In re Paul Harris Stores Inc.)

Plaintiff's, chapter 11 debtors, filed an adversary proceeding against defendant creditor seeking to recover alleged preferential transfers. The creditor was a non-vessel operating common carrier, customs broker, freight forwarder, and freight consolidator, which assisted the debtors in importing certain goods. The creditor filed a motion for partial summary judgment.
Ruling: 
Creditor was granted summary judgment since creditor was fully secured at time the payments were made and, thus, debtor could not show one of elements needed to avoid the payments.
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Tidewater Fin. Co. v. Williams

Appellant creditor sued appellee debtor claiming that the debtor was not entitled to discharge of a certain debt in her second chapter 7 case. The creditor claimed that the six year waiting period of 11 U.S.C. § 727(a)(8) should have been equitably tolled while the debtor's intervening chapter 13 cases were pending. The bankruptcy court granted summary judgment in favor of the debtor, and the creditor sought review.
Ruling: 
Court rejected creditor's argument that six year limitations period between debtor's chapter 7 cases should have been equitably tolled while debtor's chapter 13 cases were pending.
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In re Hicks

A chapter 7 trustee objected to debtors'claimed exemptions in a car on the ground that any equity in the car resulted from his powers under 11 U.S.C. § 544 and , therefore, debtors could not claim an exemption pursuant to 11 U.S.C. § 522(g).
Ruling: 
Debtors were not entitled to claim exemption in equity in vehicle recovered by trustee from lien avoided by trustee except for amount vehicle was worth above lien amount.
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