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December 2012 – COTD

In re Warden, No. 11-32340-svk, 2012 WL 1414277, at *2–*3 (Bankr. E.D. Wis. Apr. 23, 2012) (Kelley)

December 13, 2012
Unmarried debtor with CMI greater than applicable median family income is allowed operating expenses for two cars over 10 years...
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In re Renteria, No. 11-25510 MER, 2012 WL 1439104 (Bankr. D. Colo. Apr. 26, 2012) (Romero)

December 12, 2012
Separate classification of student loan for 64% payment “outside” plan unfairly discriminates when general unsecured creditors would receive 1% and...
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In re Strever, 468 B.R. 776, 781–82 (Bankr. D.S.C. 2012) (Waites)

December 11, 2012
Second lien was not wholly unsecured and could not be voided because, after eliminating distressed property sales, the competing appraisals...
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In re Zeigafuse, No. 11-20854, 2012 WL 1155680, at *5 (Bankr. D. Wyo. Apr. 5, 2012) (McNiff)

December 10, 2012
Separate classification of continuing payment of long-term student loan “outside” plan unfairly discriminates when student loan creditor will receive 21%...
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In re Gerena, No. 08-41912, 2009 WL 8592796 (Bankr. S.D. Ga. Sept. 23, 2009) (Davis)

December 7, 2012
Confirmed plan treating mortgage as secured precluded trustee’s avoidance action based on postconfirmation discovery of possible title defect.
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In re Foy, 469 B.R. 209, 214 (Bankr. E.D. Pa. 2012) (Coleman)

December 6, 2012
Claim objection sustained because assignment of credit card accounts did not include prepetition judgment. Under Pennsylvania law, “it is well...
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In re Hernandez, No. 11-21090, 2012 WL 1067692, at *2–*3 (Bankr. D. Wyo. Mar. 23, 2012) (McNiff)

December 5, 2012
Applicable commitment period is determined as of effective date of the plan; stepchildren resulting from remarriage after petition but before...
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