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Judge Thomas L. Saladino
Edward L. & Martha B. Tammen, Ch. 7, BK06-40979
An unperfected lien in a motor vehicle is avoidable by the Chapter 7 trustee and is preserved for the benefit of the estate. The debtors cannot use the amount of the avoided lien to increase their exemptions over and above their equity in the vehicle.
David Marti, Ch. 13, BK07-41827-TLS
Reported at 393 B.R. 697. Confirmation of debtor's plan was denied because the totality of the circumstances indicate he attempted to unfairly manipulate the Code by knowingly filing his petition and plan just before his income rose significantly.
Connie Mitchell, BK06-80666, Ch. 13
Reported at 368 B.R. 845. Creditor's objection to confirmation based on "projected disposable income" is overruled. The means test in Form B22C, rather than net income as shown in Schedules I & J, controls the "disposable income" issue for purposes of Se
Builders Warehouse, Inc. v. John R. Johnson (In re Johnson), Ch. 7, BK07-41544-TLS, A07-4079-TLS
At trial, the creditor was unable to establish under § 523(a)(2)(A) that the debtor's statements about his intention to pay his debt were misrepresentations, or that the creditor relied on the statements to its detriment, so the debt was discharged.
David D. Marti, Ch. 13, BK07-41827-TLS
Because the debtor was "below-median," the court analyzed his Schedules I and J and determined that he had sufficient disposable income to pay all claims in full through the plan. Therefore, the court denied his proposal to make a lump-sum payment.
Carl Green v. Darin Pick (In re Kenneth & Charlotte Pick), Ch. 13, BK08-82149-TLS, A08-8081-TLS
To establish the elements of a fraudulent transfer, the creditor must prove either the lack of a reasonably equivalent value, or intent to hinder, delay, or defraud, in addition to the insolvency demonstrated by the debtors' bankruptcy schedules.
Chris Canet v. William & Janice Sokol (In re Sokol) Ch. 7, BK09-40042-TLS, A09-4025-TLS
Debtor sold hay for the plaintiffs but used the proceeds for his own expenses instead of paying them to the owner. Questions of fact as to whether the debtor made false representations or intended to deceive the plaintiffs precluded summary judgment.
Daniel H. Dunn v. Julianne Dunn Herzog (In re Julianne Dunn), Ch. 13, BK10-82876-TLS, A11-8002-TLS
The court should abstain from hearing, and remand, a lawsuit removed from state court by the debtor, because the lawsuit did not involve core proceedings but concerned only state law issues. Once liquidated, the claim may be dealt with in bankruptcy court
Gary M. & Joyce Burival, Ch. 11, BK07-42271-TLS
Costs incurred by the debtors' landlord in efforts at the appellate level to collect post-petition rent were not recoverable as administrative expenses under § 365(d)(3) because that section applies only until assumption or rejection of a lease.
