Judge Brooks

In re Hudak

The debtor's fourth amended chapter 13 plan of reorganization was before the court. A limited objection thereto filed by her mortgage creditor asserted that certain provisions impermissibly modified the contractual deed of trust rights and lien claim in violation of 11 U.S.C.S. § 1322(b). The debtor argued that the creditor's future failure to comply with the specified language would violate the discharge injunction under 11 U.S.C.S. § 524(i).
Ruling: 
Plan requirement that creditor deem prepetition arrearage contractually current upon confirmation was not an impermissible modification.
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Consumer case opionion summary, case decided on October 24,2008, LexisNexis #1108-128

In re Hudak

A debtor filed a fourth amended chapter 13 plan of reorganization. A creditor filed a limited objection to the plan, alleging that certain provisions impermissibly modified its secured lien in contravention of 11 U.S.C.S. § 1322(b)(2) and were otherwise violative of 11 U.S.C.S. § 1322(b)(5). The creditor also alleged that 11 U.S.C.S. § 524(i) did not apply.
Ruling: 
Confirmation of debtor's fourth amended chapter 13 plan denied due to impermissible modification of creditor's secured lien.
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Consumer case opionion summary, case decided on October 20,2008, LexisNexis #1208-053

In re Pfeiler

The debtors filed for relief under chapter 13 and submitted a proposed first plan and an amended plan. A chapter 13 trustee filed objections to confirmation of the first plan and the amended plan because the debtors did not propose a 60-month plan.
Ruling: 
Court rejected "snapshot" income analysis in holding that debtors were "above median" and required to submit plan with term of five years.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1008-127

In re Sanchez

The Standing chapter 13 trustee objected to confirmation of the plan of an above-median-income debtor on the grounds that it was not a 60-month plan as required under 11 U.S.C.S. § 1325(b)(4).
Ruling: 
Above-median debtor's plan could not be confirmed as proposing only partial repayment of unsecured creditors over less than five years.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1008-128

In re Enloe

United States Trustee filed a motion to dismiss chapter 7 debtors'case for failure to comply with the credit counseling requirement of 11 U.S.C. § 109(h)(1).
Ruling: 
Sanctions against debtors'counsel, rather than dismissal of case, appropriate where debtors'credit counseling was obtained 189 days prepetition.
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Consumer case opionion summary, case decided on August 23,2007, LexisNexis #1007-037

In re Andoh

Debtors filed a petition under chapter 13 and a plan for paying their creditors. One of their creditors filed an objection to the plan, claiming that the debtors were not allowed to cram down the value of a vehicle they owned because the vehicle was purchased for private use. The court held a hearing on the creditor's objection.
Ruling: 
Debtor could cram down loans on vehicle purchased within 910 days of filing for personal use but in fact used to operate limousine service.
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Colorado Constr. Co. v. United States HUD (In re Platte View Farm LLC)

Plaintiff creditor filed an adversary proceeding against defendant debtor. The creditor also filed a complaint in district court against defendants, second creditor and Department of Housing and Urban Development. The district court matter was related to the bankruptcy and was removed to the bankruptcy court. The creditor and debtor settled their dispute. The issue was whether the bankruptcy court had jurisdiction over the non-debtor defendants.
Ruling: 
Bankruptcy court lacked jurisdiction over dispute between creditor and thrid parties after primary realted dispute with debtor had been settled.
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In re Hennerman

The matter came before the court for hearing on a letter filed with the court by a chapter 13 debtor, which alleged that she had not received all the documents for which she had contracted with an internet-based bankruptcy petition provider and that some of the documents she did receive were not usable.
Ruling: 
Petition preparer sanctioned for failing to provide debtor with all of the necessary documents in the proper form for filing under chapter 13.
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In re Duran

Chapter 7 debtor complained to the court regarding the practices of a company and its principal as bankruptcy petition preparers under 11 U.S.C. § 110.
Ruling: 
Principal of bankruptcy petition preparer was liable to debtor for omissions of typist.
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In re Tulper

Debtors filed for relief under chapter 13. The court issued a notice of deficiency on that same date because the debtors failed to file a certificate that they had attended a budget and credit counseling course in accordance with 11 U.S.C. § 109(h). Debtors moved for a waiver of that course.
Ruling: 
Debtors were granted waiver of section 109(h) credit counseling requirement due to physical disabilities.
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