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In re Ford

Jun
08
2006
Ruling
Plan was confirmed over objection since plan was reasonable and since debtor's prepetition and postpetition gambling, absent wrongful conduct, did not constitute bad faith.
Procedural posture

An unsecured creditor, filed an objection to confirmation of the debtor's proposed amended chapter 13 plan, arguing the plan was not proposed in good faith and was not feasible under 11 U.S.C. § 1325(a)(3) and (6). The creditor argued a large part of the credit card debt owed to it had been spent for gambling and gambling debts and that the debtor had converted her chapter 7 case to chapter 13 to avoid dischargeability issues.

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opinion summary, case decided on June 08, 2006 , LexisNexis #0806-032
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In re Banks

May
24
2006
Ruling
Trustee's motion to dismiss was denied since trustee's evidence was speculative and failed to establish substantial abuse of chapter 7.
Procedural posture

In respondent debtor's chapter 7 case, movant trustee brought a motion to dismiss the debtor's case pursuant to 11 U.S.C. § 707(b).

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opinion summary, case decided on May 24, 2006 , LexisNexis #0806-030
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BTE Concrete Formwork LLC v. Arbaney (In re Arbaney)

May
10
2006
Ruling
Court rejected objection to discharge since creditor failed to show fraudulent intent.
Procedural posture

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor fraudulently transferred a real estate interest to his wife and that the debtor made a false oath with regard to his schedules which omitted property interests, transactions, and creditors. The creditor objected to the debtor's discharge pursuant to 11 U.S.C. § 727(a)(2)(A) and (4)(A).

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opinion summary, case decided on May 10, 2006 , LexisNexis #0806-031
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In re OptInRealBig.com LLC

Apr
04
2006
Ruling
Joint motion to dismiss chapter 11 cases was granted since dismissal was in best interest of most creditors.
Procedural posture

The chapter 11 jointly administered debtors, an individual and his e-mail advertising company, filed a joint motion to dismiss their cases under 11 U.S.C. § 1112(b). One creditor objected.

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opinion summary, case decided on April 04, 2006 , LexisNexis #0806-065
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In re Shepard

Jan
25
2006
Ruling
Debtor husband was ineligible for chapter 13 relief because the debtor husband's unsecured claims exceeded the statutory limit.
Procedural posture

Bankruptcy debtors, husband and wife, filed a joint chapter 13 bankruptcy petition, but the debtors did not identify as an asset a condominium that was co-owned by the husband and a daughter. A lender which financed the purchase of the condominium filed a proof of a secured mortgage claim, and the trustee moved to dismiss the debtors petition based on debt limits under 11 U.S.C. § 109(e).

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opinion summary, case decided on January 25, 2006 , LexisNexis #0206-062
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Peters v. WFS Fin. Inc. (In re Glandon)

Jan
23
2006
Ruling
Trustee was allowed to avoid creditor's lien in debtor's pickup truck as a preferential transfer since the lien was perfected during preference period.
Procedural posture

Plaintiff chapter 7 trustee brought a complaint seeking avoidance of defendant creditor's lien in debtor's pickup truck as a preferential transfer under 11 U.S.C. § 547. The matter was pending judgment.

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opinion summary, case decided on January 23, 2006 , LexisNexis #0506-055
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