§ 1330(a)

Rosenblum, In re

Ruling: 
Vacation of the order confirming the debtor's Chapter 13 plan was not warranted as there wasno finding that the debtor committed fraud. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on October 01,2020, LexisNexis #1120-074

Dean v. Lane (Lane)

Ruling: 
Debtor's motion to dismiss was granted as creditors' complaint seeking to revoke debtors'chapter 13 confirmation failed to state a claim for relief prior to confirmation. (Bankr. W.D.Ky.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-025

Dean v. Lane (Lane)

Ruling: 
Debtor's motion to dismiss was granted as creditors' complaint seeking to revoke debtors'chapter 13 confirmation failed to state a claim for relief prior to confirmation. (Bankr. W.D.Ky.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-025

Foster v. Onyx Inv. L.L.C. (In re Foster)

Plaintiff discharged bankruptcy debtors reopened their bankruptcy case and brought an adversary proceeding against defendant creditor, an assignee of a predecessor in interest, seeking to enjoin the creditor from attempting to enforce its lien against their real property on the ground that the lien was stripped and the underlying debt was discharged. The debtors and the creditor cross- moved for summary judgment.
Ruling: 
Court ruled that the debtors could avoid the creditor's lien, assigned to the creditor by a predecessor in interest, since the debtors confirmed plan stripped away the lien and discharged the underlying debt.
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In re Thomas

Bankruptcy debtors'chapter 13 plan provided for payment of the debtors'federal tax liability and the plan was confirmed, but the government subsequently filed a proof of claim for substantially greater tax liability. The debtors stipulated to the claim, and the bankruptcy court considered whether debtors and their counsel intentionally misrepresented the debtors'tax liability.
Ruling: 
Order confirming the debtors'plan was vacated, and sanctions were imposed on the debtor 's counsel based on intentional misrepresentations of the debtor 's tax liability that constituted fraud.
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