§ 1327(b)

Hernandez, In re

Ruling: 
Funds held by Chapter 13 Trustee at the time of post-confirmation dismissal ordered to bedistributed to the debtor. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on January 17,2020, LexisNexis #0220-096

Steenes, In re

Ruling: 
State was entitled to an order restoring the estates' assets to the debtors' personal ownership.(7th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 14,2019, LexisNexis #0519-045

Froehlich, In re

Ruling: 
Court could not create a judicial exception to the estate termination theory for debtors whoconverted their cases from chapter 7 to chapter 13 to preserve non-exempt assets. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-026

Mouraveiko v. Moglia

Ruling: 
Debtor's attorneys' misrepresentations regarding debtor's elder abuse counterclaim against former business partner, which was property of the estate, were not due to bad faith, and not grounds for sanctions.
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Consumer case opionion summary, case decided on February 17,2015, LexisNexis #0315-101

Flugence v. Axis Surplus Ins. Co. (In re Flugence)

Ruling: 
Personal injury claim not disclosed by debtor properly barred as by judicial estoppel but could be pursued by trustee.
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Consumer case opionion summary, case decided on November 22,2013, LexisNexis #1213-099

Flugence v. Axis Surplus Co. (In re Flugence)

Ruling: 
Debtor estopped from pursuing undisclosed personal injury claim that accrued postconfirmation but before amended plan was confirmed.
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Consumer case opionion summary, case decided on October 04,2013, LexisNexis #1013-136

In re Carouthers

In this Chapter 13 case involving an already confirmed plan, a creditor filed a motion for relief from stay, arguing that it had a lien on a vehicle owned by the debtors that was enforceable.
Ruling: 
Creditor who had notice of plan and did not object to or appeal confirmation was barred from asserting lien.
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Consumer case opionion summary, case decided on May 27,2011, LexisNexis #0711-062

Jimenez v. NYCTL 1996-1 Trust (In re Jimenez)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor, seeking a determination that the creditor's lien against the debtor's real property, for unpaid taxes and other property-related charges, was discharged or unenforceable based on the creditor's mistaken statement that the amount secured by the lien was paid in full. The bankruptcy court conducted an evidentiary hearing.
Ruling: 
Mistaken representation that amount secured by lien was paid in full did not render lien unenforceable where retention is called for in the plan.
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Consumer case opionion summary, case decided on May 09,2008, LexisNexis #0608-068

In re Brown

A chapter 7 trustee objected to the debtor's claimed exemption in the debtor's home.
Ruling: 
Trustee's objection to homestead exemption was moot where house had been removed from estate by confirmation process.
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Scott v. Countrywide Homes Loans Inc. (In re Scott)

In an adversary proceeding, plaintiffs, chapter 13 debtors, moved to dismiss counterclaims filed against them by defendants, a mortgage creditor, a beneficiary of a second deed of trust, and a foreclosure agent. The motion was brought for failure to state a claim pursuant to Fed. R. Bankr. P. 7012, which incorporated Fed. R. Civ. P. 12(b)(6).
Ruling: 
Counterclaim to stay violation proceeding dismissed as precluded by plan confirmation.
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