- 11 U.S.C.
In re Hofer
Oct
21
2010
Ruling
Case filed solely to modify order in divorce proceeding dismissed.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and asked the court to confirm a plan she proposed for repaying her creditors. The debtor's ex-husband filed an objection to the debtor's plan.
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Court
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- 11 U.S.C.
In re Meyer
Aug
25
2010
Ruling
Debtor entitled to exemption in annuity resulting from auto accident settlement.
Procedural posture
The chapter 7 trustee objected to the debtor's claimed exemption in an annuity under 11 U.S.C.S. § 522(d)(11)(E). Both parties moved for summary judgment on the issue.
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Court
:
- 11 U.S.C.
In re Rieck
Apr
16
2010
Ruling
Hypothetical chapter 13 administrative expense and expenses of four vehicles did not create special circumstances that would rebut presumption of abuse.
Procedural posture
Calculation of bankruptcy debtors' income and expenses indicated sufficient disposable income to raise the presumption of abuse of chapter 7 bankruptcy by the debtors under 11 U.S.C.S. § 707(b)(2). The U.S. Trustee moved to dismiss the debtors' bankruptcy case, but the debtors asserted that special circumstances existed to rebut the presumption of abuse.
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Court
:
- 11 U.S.C.
In re Bailey
Mar
30
2010
Ruling
Confirmation of trustee's proposed modification of debtors' modified plan that was approved without objection denied.
Procedural posture
Debtors obtained confirmation of a 60-month plan. The debtors subsequently obtained confirmation of a modified plan reducing the payment period to 36 months. Under 11 U.S.C.S. § 1329, the chapter 13 trustee moved to modify the debtors' chapter 13 plan, seeking to modify the debtors' plan to restore the 60-month pay period.
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Court
:
- 11 U.S.C.
Iannacone v. Household Indus. Fin. Co. (In re Stepka)
Mar
15
2010
Ruling
Mortgage with erroneous property descriptions avoided and preserved for benefit of estate.
Procedural posture
Trustee filed a complaint against defendants, chapter 7 debtors and a creditor, to avoid a transfer of real property and preserve it for the benefit of the estate pursuant to 11 U.S.C.S. §§ 550, 551, and 544(a)(3). The debtors and the trustee each filed motions for summary judgment. The creditor filed a response in opposition to the debtors' motion.
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:
- 11 U.S.C.
Johnson v. Riebesell (In re Riebesell)
Oct
28
2009
Ruling
Loan debt properly held nondischargeable based on debtor's misrepresentations on which creditor reasonably relied.
Procedural posture
Creditor brought an adversary proceeding against appellant bankruptcy debtor, an attorney, seeking a determination that loan debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtor's misrepresentations. The debtor appealed the decision of the U.S. Bankruptcy Appellate Panel for the Tenth Circuit which upheld a judgment in favor of the creditor.
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Court
:
Judge or Jurisdiction information not available
In re Foldenauer
Apr
22
2009
Ruling
Case dismissed for abuse due to debtor's disposable income sufficient to fund a chapter 13 plan.
Procedural posture
The matter came before the court on the U.S. Trustee's (UST) motion to dismiss debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(1) based upon the presumption of abuse under § 707(b)(2) or alternatively based upon the totality of the circumstances under § 707(b)(3).
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Court
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Parks v. FIA Card Servs. (In re Marshal)
Dec
30
2008
Ruling
Bankruptcy and district courts erred in holding that credit card balance transfers were not avoidable preferential transfers.
Procedural posture
The district court for the District of Kansas affirmed a decision of a bankruptcy court that payments made by debtors within 90 days preceding the filing of their chapter 7 petition from one set of credit card accounts to credit card accounts with appellee, the creditor's successor, were not avoidable preferential transfers under 11 U.S.C.S. § 547(b) as urged by appellant, the bankruptcy trustee. The trustee appealed.
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Court
:
Judge or Jurisdiction information not available
In re Carpenter
Oct
14
2008
Ruling
Debtor's Social Security disability payments were not exempt.
Procedural posture
Debtor filed a petition under chapter 7, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to the debtor's claim that he was entitled to exempt a payment of $ 17,000 he received from the Social Security Administration from creditors' claims, pursuant to 11 U.S.C.S. § 522(d)(10)(A).
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R&R Ready Mix Inc. v. Freier (In re Freier)
Aug
25
2008
Ruling
Debt owed by company wholly owned by debtor was nondischargeable due to debtor's misrepresentations.
Procedural posture
Plaintiff concrete supplier filed a complaint seeking nondischargeability, under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4), of a $150,882 debt owed by defendant debtor's wholly-owned corporation obligation to plaintiff. Also at issue was whether debtor owed a fiduciary duty to plaintiff under Minn. Stat. § 514.02, subd. 1(a).
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