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Case of The Day

Woolsey v. Citibank, N.A. (In re Woolsey), No. 11-4014, 2012 WL 3797696, at *8–*13 (10th Cir. Sept. 4, 2012) (Gorsuch, Holmes, Matheson)

February 12, 2013
Until Supreme Court retreats from Dewsnup v. Timm, 502 U.S. 410, 112 S. Ct. 773, 116 L. Ed. 2d 903...
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In re Gonzalez, No. 11-23183-BKC-LMI, 2012 WL 2974813, at *3–*5 (Bankr. S.D. Fla. July 20, 2012) (Isicoff)

February 11, 2013
BAPCPA did not upset the holding in Florida Department of Revenue v. Rodriguez (In re Rodriguez), No. 09-13222, 2010 WL...
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Parks v. Drummond (In re Parks), No. MT-11-1366-JuMkH, 2012 WL 3193342, at *3–*4 (B.A.P. 9th Cir. Aug. 6, 2012) (Jury, Markell, Hollowell)

February 8, 2013
Voluntary contributions to 401(k) retirement plan are included in projected disposable income notwithstanding § 541(b)(7)(A). “[B]y reading § 541(a)(1) and...
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In re Alexander, No. 12-40408-jwv13, 2012 WL 3156760, at *2–*3 (Bankr. W.D. Mo. Aug. 1, 2012) (Venters)

February 7, 2013
Local Standards transportation ownership expense is only available for the purchase or lease of a vehicle; debtor cannot claim ownership...
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Hann v. Educational Credit Mgmt. Corp. (In re Hann), No. NH 11-084, 2012 WL 3195135, at *2, *10–*11 (B.A.P. 1st Cir. Aug. 7, 2012) (Hillman, Feeney, Hoffman)

February 6, 2013
Disallowance of claim of ECMC with finding that $0 was due is preclusive of collection of any student loan debt...
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In re Daniel, No. 12-30224-DHW, 2012 WL 3322438, at *2 (Bankr. M.D. Ala. May 30, 2012) (Williams)

February 5, 2013
Citing Ransom v. FIA Card Services, N.A ., __ U.S. __, 131 S. Ct. 716, 178 L. Ed. 2d 603...
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In re Renz, No. 11-73471-ast, 2012 WL 3200874, at *3–*5 (Bankr. E.D.N.Y. Aug. 1, 2012) (Trust)

February 4, 2013
Neither Bankruptcy Rule 3004 nor Rule 3006 permits Chapter 13 debtor to withdraw proof of claim filed on behalf of...
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In re Armistead, No. 11-36535, 2012 WL 3202964, at *1–*4 (Bankr. S.D. Tex. Aug. 3, 2012) (Isgur)

February 1, 2013
Failure to comply with local rule requirement that mortgage creditor’s proof of claim include a detailed loan history does not...
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Jahr v. Frank (In re Jahr), No. EW-11-1538-MkHJu, 2012 WL 3205417, at *4 (B.A.P. 9th Cir. Aug. 1, 2012) (Markell, Hollowell, Jury)

January 31, 2013
Question whether retention of repossessed property violated automatic stay turned on whether debtors had interest in car under state law;...
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In re Williams, No. 12-02129-8-RDD, 2012 WL 2856124 (Bankr. E.D.N.C. July 11, 2012) (Doub)

January 30, 2013
On reconsideration, § 362(c)(4)(B) requires that motion to impose stay must be filed within 30 days of petition but does...
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