Reynolds v. Reynolds (In re Reynolds)
Feb
08
2008
Ruling
Guardian ad litem and state court judge willfully violated stay by causing contempt citation to be issued against debtor for non-payment of fees.
Procedural posture
A chapter 13 debtor filed a motion for an order to show cause why a creditor and its employee should not be held in contempt of court for violating the automatic stay, 11 U.S.C.S. § 362.
ABI Membership is required to access the full summary of Reynolds v. Reynolds (In re Reynolds) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Bingham
Jan
18
2008
Ruling
Debtor who did not meet residency requirement could not claim state homestead exemption.
Procedural posture
The chapter 7 trustee filed an objection to the debtor's claim of a homestead exemption under Kansas law, asserting that the debtor had not been domiciled in Kansas for the 730 days (2 years) prior to her filing a bankruptcy petition.
ABI Membership is required to access the full summary of In re Bingham Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Bailey
Dec
20
2007
Ruling
Child support obligation was nondischargeable and could not be satisfied by payment of one half of amount owed.
Procedural posture
A debtor filed a motion to determine that her child support obligation to a creditor was paid through her chapter 13 plan. The creditors objected that the debt was not dischargeable.
ABI Membership is required to access the full summary of In re Bailey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Munck
Dec
07
2007
Ruling
State could not reopen case for determination of dischargeability of child support which was barred by plan confirmation.
Procedural posture
The debtors filed for relief under chapter 13 and the case was closed in January, 2006. A creditor, the State of West Virginia, on behalf of a mother, sought to reopen the case to determine dischargeability of a child support obligation owed to the mother. Debtors sought an order to show cause why the State should not be held in contempt for taking action to collect the debt at issue.
ABI Membership is required to access the full summary of In re Munck Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Martin v. American Family Mut. Ins. Co. (In re Martin)
Sep
28
2007
Ruling
Private employer's failure to hire debtor due to past bankruptcy filing was not discriminatory.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant prospective employers claiming that they had violated the anti-discrimination provisions contained in 11 U.S.C. § 525(b) by refusing to hire her solely on the basis that she had previously filed a bankruptcy petition. Defendants filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b), as incorporated by Fed. R. Bankr. P. 7012.
ABI Membership is required to access the full summary of Martin v. American Family Mut. Ins. Co. (In re Martin) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Kidd
Aug
27
2007
Ruling
Plans could not provide for early payment absent filing of motion for modification.
Procedural posture
Multiple debtors filed individual petitions under chapter 13, and plans for repaying their creditors. A trustee who was appointed to manage each case filed objections to confirmation of the debtors'plans.
ABI Membership is required to access the full summary of In re Kidd Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Reed
Jul
09
2007
Ruling
Postpetition tax refunds that were property of the estate at time of conversion could not be administered by chapter 7 trustee absent bad faith.
Procedural posture
Chapter 7 debtors in two cases filed motions to determine that their income tax refunds were not property of the chapter 7 estate. In a third chapter 7 case, the trustee filed a motion for turnover. In a fourth chapter 7 case, the chapter 7 debtors, who had converted their case from chapter 13, filed a motion to strike language in their chapter 13 confirmation order.
ABI Membership is required to access the full summary of In re Reed Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Gaddis
Jun
04
2007
Ruling
Case dismissed where debtor received credit counseling 186 days prior to petition date.
Procedural posture
The debtor filed for relief under chapter 7. The court issued a show cause order, requiring the debtor to show cause why her case should not be dismissed for failure to comply with the prepetition credit counseling requirements set forth in 11 U.S.C. § 109(h).
ABI Membership is required to access the full summary of In re Gaddis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Pohl
May
15
2007
Ruling
Confirmation of below-median debtors'plan denied due to failure to extend for 36 months.
Procedural posture
The chapter 13 trustee objected to the confirmation of the below-median income debtors'plan on the basis that the plan failed to extend at least 36 months or, alternatively, to pay all unsecured creditors in full, as required under 11 U.S.C. § 1325(b)(4).
ABI Membership is required to access the full summary of In re Pohl Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Lanning
May
15
2007
Ruling
Debtors bound by calculation of projected disposable income on Form B22C absent showing of substantial change in circumstances.
Procedural posture
The chapter 13 trustee objected to confirmation of the plans in two bankruptcy cases on the basis that the plans failed to provide that all of the above-median income debtors' projected disposable income to be received in the applicable commitment period would be applied to make payments to unsecured creditors under the plan as required by 11 U.S.C. § 1325.
ABI Membership is required to access the full summary of In re Lanning Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: