Turner v. Keck (In re Keck)
Mar
02
2007
Ruling
Discharge denied where debtor's actions in obtaining credit card advances without ability to repay, using advances to pay down debt on and improve homestead and failing to disclose gambling losses demonstrated deliberate course of conduct to hinder, delay
Procedural posture
The United States Trustee filed an objection to chapter 7 debtor's discharge pursuant to 11 U.S.C. § 727(a)(2)(A), (a)(4)(A), and (a)(5), and chapter 7 trustee filed an objection to debtor's claimed homestead exemption pursuant to 11 U.S.C. § 522(o)(4).
ABI Membership is required to access the full summary of Turner v. Keck (In re Keck) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Beck
Feb
21
2007
Ruling
BAPCPA justified increase in presumptive attorneys'fees.
Procedural posture
In ten selected chapter 13 test cases, the bankruptcy trustee filed objections to confirmation in each case, generically claiming that the amount of attorney's fees requested by debtors'counsel exceeded the previously approved fees for similar work. Debtors' counsel asserted that an increase in fees was warranted following the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
ABI Membership is required to access the full summary of In re Beck 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 Leroy
Jan
08
2007
Ruling
Reinstatement of case did not retroactively impose stay so as to prevent foreclosure.
Procedural posture
Bankruptcy debtors' case was dismissed and a mortgage creditor accomplished a confirmed foreclosure sale of the debtors'real property before the debtors'case was reinstated. The debtors moved to void the sale.
ABI Membership is required to access the full summary of In re Leroy Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Wilson
Dec
05
2006
Ruling
Vehicles purchased for personal use were treated as fully secured despite partial use to transport foster children.
Procedural posture
Bankruptcy debtors proposed a chapter 13 plan which provided for payment of the value of vehicles which secured debts, rather than the full amounts of the debts, but the creditors which financed the vehicles asserted that they were entitled to the full amounts of the debts under the hanging paragraph in 11 U.S.C. § 1325(a), because the debtors purchased the vehicles for personal use. The creditors objected to plan confirmation.
ABI Membership is required to access the full summary of In re Wilson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
United States Trustee v. Keck (In re Keck)
Dec
04
2006
Ruling
False statements and omissions by elderly debtor due to confusion and poor memory were not grounds for denial of discharge.
Procedural posture
Plaintiff U.S. Trustee brought an adversary proceeding against defendant bankruptcy debtor, seeking a denial of the debtor's discharge based on the debtor's false statements and oaths under 11 U.S.C. § 727(a)(4). The Trustee moved for summary judgment.
ABI Membership is required to access the full summary of United States Trustee v. Keck (In re Keck) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Schoonover
Oct
30
2006
Ruling
Court ordered debtors to turnover full amount in bank accounts on petition date, including amounts drawn on outstanding checks postpetition.
Procedural posture
Chapter 7 trustee filed a motion pursuant to 11 U.S.C. § 542(a) for turnover of funds in the amount of the balances in debtors'bank accounts on the date they filed their bankruptcy petition.
ABI Membership is required to access the full summary of In re Schoonover 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 Hutchinson
Oct
05
2006
Ruling
Objection to confirmation and to debtors' exemption of per capita tribal casino revenue distribution sustained.
Procedural posture
In a converted chapter 13 case, the trustee objected to confirmation of debtors'proposed plan and debtor's claimed exemption, and moved to dismiss the case, for turnover of income received by the debtor based on Tribal membership, and to convert the case to chapter 7, claiming that the plan did not satisfy the best interest of the creditors test, pursuant to 11 U.S.C. § 1325(a)(4).
ABI Membership is required to access the full summary of In re Hutchinson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re McDonald
Oct
05
2006
Ruling
Motion for turnover of per capita tribal casino revenue distribution granted.
Procedural posture
A trustee filed a motion for turnover of the per capita distributions received by one of the debtors after the order of conversion.
ABI Membership is required to access the full summary of In re McDonald 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 Coover
Sep
28
2006
Ruling
Plan procedure to definitively ascertain amount owed to secured creditor was not an impermissible modification.
Procedural posture
Claimants, home mortgage creditors, objected to language contained in a form chapter 13 plan proposed and recommended by the chapter 13 trustee for the judicial district. At issue was whether the issue was ripe, whether the language was internally inconsistent, whether the language violated 11 U.S.C. § 1322(b)(2), whether language noting that the proviso was subject to modification by a subsequent court order was properly added.
ABI Membership is required to access the full summary of In re Coover 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 Bolze
Aug
31
2006
Ruling
Debt secured by automobile acquired within 910 days of filing was not subject to bifurcation.
Procedural posture
Plaintiff debtors filed a proposed chapter 13 bankruptcy plan. A secured creditor, a creditor union, objected to the plan. Debtor one had borrowed money from the creditor to purchase a car, which was titled in both debtors'names. The creditor held a perfected purchase money security interest in the vehicle. In their plan, the debtors proposed to cram down the creditor's claim, treating only a portion of it as a secured claim.
ABI Membership is required to access the full summary of In re Bolze Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: