Judge Brown

In re Williams

In consolidated proceedings, the standing chapter 13 Trustee (Trustee) objected to plan confirmation in three separate cases. The parties in these cases contested the meaning of the phrases "projected disposable income" (PDI) and "applicable commitment period" (ACP) in 11 U.S.C.S. § 1325(b)(1)(B) as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).
Ruling: 
Confirmation denied due to plan's failure to pay projected disposable income to unsecured creditors.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1008-089

In re IMG Healthcare LLC

A trustee objected to a creditor's claim in a debtor's chapter 11 bankruptcy case.
Ruling: 
General unsecured claim based on rejected executory contract calculated based on deemed breach on day before petition date.
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Commercial case opionion summary, case decided on July 08,2008, LexisNexis #0808-111

In re Carpenter

The chapter 7 trustee moved to modify, nunc pro tunc, the application to employ an auctioneer previously filed in the case, asserting that he had neglected, through inadvertence, to disclose to the court that an additional 10 percent buyer's premium was collected at the auctions and retained by the auctioneer as enhanced compensation pursuant to 11 U.S.C.S. § 330(a)(1).
Ruling: 
Premium due auctioneer not disclosed by trustee in application for employment appropriately charged against trustee's compensation.
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Consumer case opionion summary, case decided on June 26,2008, LexisNexis #0708-111

Torch Offshore LLC v. C&D Marine LLC (In re Torch Offshore Inc.)

Plaintiff trustee filed a complaint against defendant creditors to recover payments made to them by the debtors in the 90-day preference period, pursuant to 11 U.S.C.S. § 547(b).
Ruling: 
Transfers made outside of industry average payment period were not within ordinary course of business and were avoidable.
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Commercial case opionion summary, case decided on June 18,2008, LexisNexis #0708-135

In re Munzberg

Bankruptcy debtors' chapter 13 plan proposed to pay a creditor secured by the debtors' vehicle the value of the vehicle, and to cram down the balance of the amount owed to the creditor as general unsecured debt. The creditor objected to confirmation of the debtors' plan on the ground that bifurcation of its secured claim was precluded under 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Negative equity in vehicle was not part of PMSI and could be bifurcated.
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Consumer case opionion summary, case decided on June 03,2008, LexisNexis #0708-092

Floyd v. Price (In re Titanis Inc.)

Chapter 7 Trustee filed an adversary proceeding against defendant creditor seeking to avoid certain transfers from the debtor as preferential under 11 U.S.C.S. § 547 and as fraudulent under 11 U.S.C.S. § 548 and Tex. Bus. and Com. Code § 24.005.
Ruling: 
Payments on loans incurred in ordinary course of business were not avoidable.
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Commercial case opionion summary, case decided on May 01,2008, LexisNexis #0608-099

In re Alcazar

Creditor filed a motion to determine the inapplicability of automatic stay or, alternatively, for relief from the automatic stay. The debtor filed an objection. At the hearing, the court determined that no stay was in effect, and the parties agreed to treat the debtor's objection to the motion for relief from the stay as a complaint to avoid the sale of property pursuant to 11 U.S.C.S. §§ 547 or 548.
Ruling: 
Winning bid at foreclosure sale constituted reasonably equivalent value.
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Consumer case opionion summary, case decided on April 14,2008, LexisNexis #0608-014

In re Dagen

A chapter 13 debtor filed a motion for sanctions against his former wife, contending that the wife had improperly attempted to collect support payments from his disability income in violation of the automatic stay of 11 U.S.C.S. § 362 and his confirmed chapter 13 plan.
Ruling: 
Former spouse's post-confirmation efforts to collect debtor's post-petition support obligations did not violate stay.
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Consumer case opionion summary, case decided on March 26,2008, LexisNexis #0508-062

Sender v. Love Funeral Home (In re Potter)

Plaintiff trustee filed an adversary proceeding against defendant funeral home, alleging that a chapter 7 debtor made postpetition transfers to the funeral home that were avoidable under 11 U.S.C.S. § 549. The trustee sought an order requiring the funeral home to return money it received to the debtor's bankruptcy estate, pursuant to 11 U.S.C.S. §§ 550 and 551. The funeral home opposed the trustee's action.
Ruling: 
Payments by debtor to funeral home from proceeds of deceased debtor spouse's life insurance were not avoidable as debtor was initial transferee.
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Consumer case opionion summary, case decided on March 26,2008, LexisNexis #0508-067

Miller v. Cameron (In re Miller)

Appellant debtor sought review of a decision of the United States Bankruptcy Court for the District of Utah, which dismissed his chapter 7 bankruptcy case under 11 U.S.C.S. § 521(i)(1) for noncompliance with § 521(a)(1)(B)(iv).
Ruling: 
Dismissal for failure to file single payment advice reversed as year-to-date information on final stub was sufficient evidence of payment.
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Consumer case opionion summary, case decided on March 18,2008, LexisNexis #0408-009

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