- 11 U.S.C.
In re Robben
Dec
17
2013
Ruling
Valid spendthrift trust was not property of the estate.
Issue(s)
Whether a debtor's interest in a revocable trust that contains a spendthrift clause is a part of the bankruptcy estate upon the debtor's filing a petition.
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Court
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- 11 U.S.C.
Rushton v. SMC Elec. Prods. (In re C.W. Mining Co.)
Nov
05
2013
Ruling
Preference period payments to new vendor for electrical system were within industry standard and made in ordinary course of business.
Issue(s)
Was preferential payment debt for purchase of a mining system different from the type of mining debtor had previously used made in the ordinary course of business.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Knowles
Nov
04
2013
Ruling
Confirmation denied due to treatment of student loan and state labor department claims more favorably than other unsecured claims.
Issue(s)
Could plan that treated debts owed to a student loan creditor and state department of labor dramatically more favorably than debts owed to other general unsecured creditors be confirmed.
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In re Hoffman
Oct
01
2013
Ruling
Relief from stay to foreclosure on manufactured home granted.
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Hamilton v. Fisher (In re Fisher)
Jan
22
2013
Ruling
Inconsistent statements as to residence did not amount to fraud that would defeat homestead exemption.
Procedural posture
Adversary plaintiff, the chapter 13 trustee, filed a complaint seeking revocation of defendant debtor's discharge, under 11 U.S.C.S. § 1328(e), based upon debtor's allegedly fraudulent claimed homestead exemption of certain real property, pursuant to Kan. Stat. Ann. § 60-2301.
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- 11 U.S.C.
Soul v. Willcut (In re Willcut)
May
29
2012
Ruling
Homestead exemption properly allowed where there was no equity attached to fraudulent transfer of non-exempt assets that could be reduced.
Procedural posture
This appeal by appellant, the chapter 7 Trustee, was from an order of the U.S. Bankruptcy Court for the Northern District of Oklahoma overruling the trustee's objection to appellee debtors' homestead exemption under 11 U.S.C.S. § 522(o)(4).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Studstill
Dec
13
2011
Ruling
Tax refund held by debtor as cash on petition date was subject to turnover.
Procedural posture
A chapter 7 debtor sought to exempt the portion of a tax refund held as cash at the time she filed her bankruptcy petition under S. 12, 2011 Reg. Sess. (Kan. 2011), to be codified at K.S.A. 60-2315 (Senate Bill No. 12). The Trustee filed a motion for turnover and objected to the Amended Schedule C which listed that cash as exempt.
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Court
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In re Davenport
Dec
07
2011
Ruling
Debtor ordered to turnover proceeds of postpetition purchase of property by state.
Procedural posture
Chapter 13 trustee filed a motion to compel debtors to turnover proceeds from the sale of property and also moved to amend the debtors' plan post confirmation, pursuant to 11 U.S.C.S. § 1329(a).
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Court
:
Jubber v. Ruiz (In re Ruiz)
Aug
17
2011
Ruling
Funds against which prepetition checks were drawn by debtor and honored by bank after petition date were property of the estate and subject to turnover.
Procedural posture
Trustee sought review of a decision from the U. S. Bankruptcy Court for the District of Utah denying his motion under 11 U.S.C.S. § 542(a) to require appellee debtors to turn over estate assets.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Grutsch
Jun
29
2011
Ruling
Above-median debtor's retirement did not provide grounds for shortening plan term to 36 months.
Procedural posture
Debtor was an "above median income" debtor when she filed for bankruptcy, and she proposed a Chapter 13 plan that ran for 60 months, rather than 36 months. The 60- month plan was approved without objection. After debtor retired, her income was reduced substantially and she moved to modify her plan to reduce the amount of payments and to shorten the plan to 36 months. The trustee only objected to the latter part of the motion.
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Court
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