Stephens v. Holbrook (In re Stephens)
Mar
09
2009
Ruling
Debtors could claim exemption in proceeds of sale of Iowa homestead where debtor had not lived in new state for 730 days provided proceeds were held for a reasonable period.
Procedural posture
Appellant debtor filed a petition under chapter 7 and claimed that proceeds derived from the sale of debtor's homestead in Iowa were exempt from creditors' claims. Appellee trustee was appointed to represent the bankruptcy estate, and he filed an objection to the debtor's claim. The United States Bankruptcy Court for the Western District of Oklahoma sustained the trustee's objection, and the debtor appealed.
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Court
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Judge or Jurisdiction information not available
In re Sims
Jan
07
2009
Ruling
Credit counseling requirement does not apply in an involuntary case.
Procedural posture
An involuntary bankruptcy petition under chapter 7 of the Bankruptcy Code was filed against a debtor. The debtor filed a motion for additional time to submit the credit counseling certificate required by 11 U.S.C.S. § 109(h).
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Court
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In re Miller
Dec
23
2008
Ruling
Confirmation denied where plan proposed paying less than full value of purchase money security interest in "910 vehicle" even after exclusion of negative equity, gap insurance and administrative fees.
Procedural posture
Pursuant to 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5), a creditor objected to the debtors' chapter 13 plan on the basis that it failed to pay the full amount of the creditor's secured claim in a vehicle.
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Court
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In re Tabares
Dec
15
2008
Ruling
Trustee's objection to mortgagee's attorneys' fees sustained absent necessary contractual provision.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code. A bank filed a claim, which included a request for $350 in postpetition attorney fees as part of the claim. A trustee objected to the claim to the extent that it sought the attorney fees.
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Court
:
- 11 U.S.C.
In re Sydmark
Jun
20
2008
Ruling
Debtor's counsel could not recover fees for postpetition services that did not benefit the estate from tax refunds that were received postpetition and were estate property.
Procedural posture
In these parallel cases, the chapter 7 Trustee moved for turnover of the estate's portion of tax refunds and other property, and for rejection of attorney fee contracts.
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Court
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In re Padgett
May
27
2008
Ruling
Negative equity in vehicle loan was not a purchase money security interest under sate law so that bifurcation was permitted under hanging paragraph.
Procedural posture
Bankruptcy debtors proposed a plan which provided for bifurcation of a creditor's claim which was secured by a vehicle purchased by the debtors for their personal use within 910 days of filing bankruptcy. The creditor objected to confirmation of the debtor's plan on the ground that such bifurcation was precluded under 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
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Court
:
- 11 U.S.C.
In re Robinson
May
16
2008
Ruling
Refiling case to qualify for favorable treatment under hanging paragraph was not grounds for bad faith dismissal.
Procedural posture
The matter was before the court on a creditor's objection to confirmation of debtor's chapter 13 plan. The creditor claimed the plan had not been proposed in good faith and thus could not be confirmed pursuant to 11 U.S.C.S. § 1325(a)(3).
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Court
:
- 11 U.S.C.
In re Hays
Apr
29
2008
Ruling
Plan confirmation denied due to debtors' inclusion of expenses for adult daughter and fiance in means test calculation.
Procedural posture
A trustee objected to confirmation of the debtors' chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Law
Apr
24
2008
Ruling
Confirmation denied due to improper deductions on Form 22C including expenses for unencumbered vehicle.
Procedural posture
Debtor's chapter 13 matter was before the court on the trustee's objection to confirmation of plan.
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Court
:
- 11 U.S.C.
In re Allen
Feb
15
2008
Ruling
Debtors could claim full amount of car payments as expenses in means test rather than "cram down" amounts proposed in plan.
Procedural posture
The matter was before the court on the trustee's objection to confirmation of debtors' chapter 13 plan.
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Court
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