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November 2012 – COTD

In re McClam, No. 11-08714-8-JRL, 2012 WL 526297, at *1 (Bankr. E.D.N.C. Feb. 16, 2012) (Leonard)

November 16, 2012
Consent order for relief from stay in prior Chapter 13 case does not automatically grant stay relief in subsequent case....
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In re Emerson, No. 11-61712-13, 2011 WL 6945757, at *4 (Bankr. D. Mont. Dec. 30, 2011) (Kirscher)

November 15, 2012
Ransom v. FIA Card Services, N.A., __ U.S. __, 131 S. Ct. 716, 178 L. Ed. 2d 603 (Jan. 11,...
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In re Pracht, 464 B.R. 486, 490–92 (Bankr. M.D. Ga. 2012) (Smith)

November 14, 2012
Not unfair discrimination to separately classify student loan for continuing payments that will total $30,330.84 when other unsecured claims will...
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In re Martin, 464 B.R. 798, 802–07 (Bankr. C.D. Ill. 2012) (Perkins)

November 13, 2012
Applicable commitment period is temporal; debtor with CMI greater than applicable median family income who has zero or negative projected...
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In re Osborn, BK11-41944-TJM, 2012 WL 246301, at *5 (Bankr. D. Neb. Jan. 26, 2012) (Mahoney)

November 12, 2012
Providing inaccurate expense information so that schedules would show reduced disposable income was bad faith, but case not dismissed because...
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In re Sweetenburg, No. 12-31023, 2012 WL 1835517, at *2–*4 (Bankr. W.D.N.C. May 18, 2012) (Beyer)

November 9, 2012
Landlord entitled to stay exception in § 362(b)(22), to in rem stay relief and to damages and attorney fees when...
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In re Vandenberg, No. 09-bk-23387, 2012 WL 1854298, at *4–*5 (Bankr. D. Ariz. May 21, 2012) (Curley)

November 8, 2012
Rejecting Drummond v. Welsh (In re Welsh), 465 B.R. 843 (B.A.P. 9th Cir. Feb. 17, 2012) (Perris, Pappas, Hollowell), stay...
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In re John, No. 5:08-bk-52505-JJT, 2012 WL 1998405, at *4 (Bankr. M.D. Pa. June 4, 2012) (Thomas)

November 7, 2012
“I agree with the majority of Courts that Section 109(h) is not jurisdictional.” Although debtors did not satisfy § 109(h)...
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In re John, No. 5:08-bk-52505-JJT, 2012 WL 1998405, at *4–*5 (Bankr. M.D. Pa. June 4, 2012) (Thomas)

November 6, 2012
180-day period in § 109(h)(1) is counted backwards from date of petition; stale briefing certificate is excused when plan has...
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In re Hayes, No. 11-83175, 2012 WL 1995538, at *1 (Bankr. C.D. Ill. June 4, 2012) (Perkins)

November 5, 2012
Debtors’ household included parent living with debtors who contributed a portion of Social Security income to household expenses and who...
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