Judge Nugent

IRS v. Ficken (In re Ficken)

Debtor brought an adversary proceeding against appellant Internal Revenue Service (IRS) seeking a determination that the debtors' income tax liability from sales of cattle in their farming operation constituted an unsecured, nonpriority claim under 11 U.S.C.S. § 1222(a)(2)(A). The IRS appealed the order of the Bankruptcy Court for the District of Colorado which granted summary judgment to the debtors.
Ruling: 
Income tax liability for sales of cattle in debtor's farming operation properly held to be unsecured nonpriority claim.
ABI Membership is required to access the full summary of IRS v. Ficken (In re Ficken). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 07,2010, LexisNexis #0710-027

Wodark v. Wodark (In re Wodark)

Plaintiff husband filed an adversary proceeding against defendant debtor, his former spouse, seeking a determination that the debtor owed him a debt that was excepted from discharge under 11 U.S.C.S. § 523(a)(15). The United States Bankruptcy Court for the District of Colorado found that a marital debt the debtor assumed in a separation agreement was excepted from her discharge. The debtor appealed.
Ruling: 
Debt owed to former spouse pursuant to separation agreement was nondischargeable.
ABI Membership is required to access the full summary of Wodark v. Wodark (In re Wodark). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 22,2010, LexisNexis #0610-015

In re Vollen

The chapter 13 trustee filed objections to the confirmation of the debtor's proposed chapter 13 plan. The debtor claimed marital adjustment deductions for her non-filing spouse on Official Bankr. Form 22C, Lines 13 and 19, and the trustee objected to her statement of current monthly income and her calculation of commitment period and disposable income.
Ruling: 
Confirmation denied due to improper marital deductions for non-debtor spouse and need for longer, above median debtor commitment period once corrected.
ABI Membership is required to access the full summary of In re Vollen. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 19,2010, LexisNexis #0610-104

In re Penaran

The debtor filed an objection to the claim of the creditor, Illinois Department of Healthcare and Family Services (IHFS), for a domestic support obligation arrearage of nearly $ 49,000. The creditor moved to dismiss the debtor's case, and the debtor asserted that the creditor had violated the automatic stay by instituting a postpetition garnishment and the suspension of the debtor's driver's license.
Ruling: 
Plan confirmed over objection of state family services agency.
ABI Membership is required to access the full summary of In re Penaran. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 03,2010, LexisNexis #0410-096

Morris v. PHH Mortg. Servs. (In re Phillips)

Plaintiff chapter 7 trustee brought an adversary proceeding seeking to avoid the lien of defendant creditor in a manufactured home occupied by defendant debtors as their homestead. The parties submitted the matter for determination on stipulations contained in the pretrial order, stipulated exhibits, oral argument and post-argument briefs.
Ruling: 
Trustee utilized strong-arm powers to avoid lien in debtor's manufactured home.
ABI Membership is required to access the full summary of Morris v. PHH Mortg. Servs. (In re Phillips). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 21,2009, LexisNexis #0210-015

In re Dipman

The debtors presented their amended chapter 13 plan for confirmation. The trustee and several creditors object to confirmation, primarily questioning the debtors' good faith in proposing the plan under 11 U.S.C.S. § 1325(a)(3).
Ruling: 
Confirmation of chapter 13 plan denied and case dismissed due to bad faith as evidenced by postpetition business conduct.
ABI Membership is required to access the full summary of In re Dipman. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 29,2009, LexisNexis #1209-061

In re Cook

Creditor, the holder of a security interest in the debtor's motor vehicle, objected to confirmation of the debtor's chapter 13 plan, arguing that the plan failed to comply with the requirements of 11 U.S.C.S. § 1325(a)(5)(B)(ii) because it undervalued the creditor's claim.
Ruling: 
Debtor's vehicle valued as of date of confirmation hearing rather than petition date.
ABI Membership is required to access the full summary of In re Cook. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 10,2009, LexisNexis #1009-043

In re Wenzel

Debtor's filed a petition under chapter 13, and a trustee was appointed to administer the debtors' bankruptcy estate. The trustee filed an objection to confirmation of the debtors' plan for paying their creditors, claiming that the plan could not be confirmed under 11 U.S.C.S. § 1325(b)(1)(B) because it did not require the debtors to provide all of their projected disposable income to pay unsecured creditors.
Ruling: 
Debtor could not take ownership expense deduction for vehicle owned free and clear.
ABI Membership is required to access the full summary of In re Wenzel. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 01,2009, LexisNexis #1009-032

Wilson v. United States (In re Wilson)

Appellant , acting through the Internal Revenue Service (IRS), appealed from the bankruptcy court for the District of Colorado, which entered a summary judgment order holding that tax penalties assessed against appellee debtor for filing frivolous returns under 26 U.S.C.S. § 6702 were dischargeable under 11 U.S.C.S. § 523(a)(7)(B). The frivolous filing penalties pertained to tax years 1997, 1998, and 1999.
Ruling: 
Penalties for frivolous tax returns filed within three years prior to petition date were nondischargeable.
ABI Membership is required to access the full summary of Wilson v. United States (In re Wilson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 12,2009, LexisNexis #0709-085

In re Greeson

The debtors filed for relief under chapter 13. The debtors filed a motion and a supplemental motion to use cash collateral.
Ruling: 
Limited use of cash collateral allowed subject to conditions due to speculative nature of debtor's business going forward.
ABI Membership is required to access the full summary of In re Greeson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 02,2009, LexisNexis #0809-060

Pages

Subscribe to Judge Nugent