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In re Bailey

After the debtors'chapter 13 case was dismissed, but before movant chapter 13 trustee could distribute the accumulated plan payments to the debtors, a creditor served the trustee with a garnishment under Oregon law. The trustee moved for instructions on whether the trustee was required to honor the state law garnishment for the plan payments collected prior to dismissal.
Ruling: 
Debtors were entitled to return of funds held by a trustee following dismissal of their unconfirmed chapter 13 case over a creditor's state garnishment claim.
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Kennesaw Drywall & Supply Inc. v. Davis (In re Davis)

Plaintiff creditor sued defendant debtor, alleging that its claim against the debtor was nondischargeable under 11 U.S.C. § 523(a)(4) as either defalcation by a fiduciary or as embezzlement. The creditor moved for a default judgment and a hearing was held.
Ruling: 
Creditor who employed debtor attorney as a debt collector was denied summary judgment on defalcation by a fiduciary claim except as to the amount the attorney collected for the creditor.
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In re Reams

Bankruptcy debtors asserted that the United States government unreasonably and wrongfully delayed payment to the debtors, as tobacco farmers, under a Tobacco Transition Payment Program ("TTPP"). The debtors contended that the delay caused additional interest to accrue on loans the debtors otherwise would have paid under their confirmed chapter 12 plan, and the debtors moved for sanctions against the government.
Ruling: 
Debtors were denied sanctions motion against the government since the government's delay in payment to the debtor tobacco farmers was brief and not made in bad faith and since the government had not attempted to collect a debt in violation of the automatic stay.
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Jamrose v. DAmato (In re DAmato)

Defendant debtors filed a voluntary petition for relief under chapter 7 of the Code. Plaintiff creditors filed an adversary proceeding to have the debtors'debt to the creditors, and others similarly situated, deemed nondischargeable under 11 U.S.C. § 523(a)(6) (2002). The creditors filed a motion for summary judgment under Fed. R. Bankr. P. 7056.
Ruling: 
Debt was deemed nondischargeable where the debtors had willfully and maliciously caused injury to the creditor customers by using fraudulent marketing efforts.
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In re Enron Corp.

Chapter 11 debtors objected to claimant's proof of claim.
Ruling: 
Objection to a proof of claim for contractual damages was sustained where the Code required that damages'calculation be fixed as of a prefiling date not as of the actual contract rejection date, which was postfiling.
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Tift County Hosp. Auth. v. Nies (In re Nies)

An adversary proceeding was before the court on a motion for summary judgment filed by plaintiff creditor through which it sought a judgment that a debt owed to it by defendant debtor was a nondischargeable consolidated student loan under 11 U.S.C. § 523(a)(8). Debtor opposed the motion.
Ruling: 
Court denied hospital creditor's motion to declare loan to doctor debtor in exchange for the doctor providing four years of service as nondischargeable since the loan was not an education loan.
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In re Salazar

The chapter 7 trustee and the attorney for the trustee both filed applications for fees.
Ruling: 
Court compensated trustee and trustee's attorney based on funds actually distributed from the estate and rejected their "constructive disbursement"theory.
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Young v. Elite Financial Services (In re Young)

A debtor filed a motion for sanctions pursuant to 11 U.S.C. § 362(h), as it existed prior to the amendments provided by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, alleging that a creditor willfully violated an automatic stay by attempting to repossess the debtor's automobile during his ongoing chapter 13 bankruptcy case.
Ruling: 
Debtor was granted sanctions against a creditor who violated the automatic stay by respossessing the debtor's truck after the debtor filed.
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In re Burkett

In an adversary proceeding, plaintiff, a chapter 7 trustee, filed an objection to proofs of claim of defendant creditors, requesting disallowance under 11 U.S.C. § 502 primarily because of their failure to attach sufficient supporting documentation to the proofs of claim.
Ruling: 
Court overruled trustee's objection to creditors'lack of supporting documentation in their proofs of claim since they established the validity, ownership, and amount of the claim and there were no factual disputes on the claims.
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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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