- 11 U.S.C.
In re Torline
Dec
22
2006
Ruling
Plan confirmation denied due to failure to provide for payment of former spouse's secured claim.
Procedural posture
Creditor, chapter 12 debtor's ex-wife, filed an objection to the confirmation of debtor's plan.
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Court
:
- 11 U.S.C.
In re Daniel
Dec
15
2006
Ruling
Plan proposed by below median income earner was not confirmable as calling for termination in less than 36 months without dividend to unsecured creditors.
Procedural posture
The chapter 13 trustee objected to a plan proposed by debtor on the ground that it was proposed that the plan have an 18-month duration but no payments to unsecured creditors were proposed. At issue was whether such a plan was properly proposed where, as here, the debtor was a below-median income earner and whether it complied with 11 U.S.C. § 1325(b)(1)(A) or (B).
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Court
:
- 11 U.S.C.
Speth v. Vaupel (In re Smith)
Dec
08
2006
Ruling
Postpetition recording of warranty avoided as unauthorized transfer.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary proceeding seeking to avoid a postpetition transfer made to defendant transferees by virtue of a warranty deed from debtor to defendants that was not recorded until well after the date of the petition. The trustee proceeded under 11 U.S.C. § 549. The matter was pending judgment. Also pending was defendants' motion to sell the property.
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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.
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Court
:
- 11 U.S.C.
Blond v. Marsh (In re Marsh)
Dec
04
2006
Ruling
Award of former spouse's attorneys'fees in post-dissolution custody proceeding was in the nature of support and nondischargeable.
Procedural posture
Creditor objected pursuant to 11 U.S.C. § 523(a)(5) to the discharge of a judgment for attorney's fees against chapter 7 debtor entered in a post-divorce custody proceeding.
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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.
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Court
:
- 11 U.S.C.
In re Williams
Nov
29
2006
Ruling
Chapter 7 debtor meeting eligibility requirements was entitled to convert to chapter 13 regardless of allegations of bad faith.
Procedural posture
A debtor filed a motion, pursuant to 11 U.S.C. § 706, to convert his case from chapter 7 to chapter 13. A creditor objected on the ground that the motion was filed in bad faith in order to avoid a possible judgment in the creditor's favor in dischargeability litigation.
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Court
:
- 11 U.S.C.
Davis v. I.P.H.F.H.A. Inc.
Nov
09
2006
Ruling
Ordinary course of business defense to avoidance did nto apply to late insurance payments where premiums were not regularly paid on a late basis.
Procedural posture
Plaintiff chapter 7 trustee sought to avoid as preferences under 11 U.S.C. § 547(b) debtor's payments to defendant association for past due commercial insurance premiums. The association stipulated that the trustee met the elements for a preference but asserted the ordinary course of business and new value defenses under section 547(c)(2) and (1). The trustee filed a motion to exclude invoices from evidence.
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Court
:
- 11 U.S.C.
In re Agnew
Nov
06
2006
Ruling
Homestead exemption allowed over trustee's objection absent showing that debtors acquired property with intent to hinder, delay or defraud creditors.
Procedural posture
The debtors petitioned for bankruptcy relief under chapter 7. The debtors claimed a homestead exemption on property that the debtors had acquired from the mother of one of the debtors in exchange for other non-exempt agricultural property. The trustee objected to the homestead exemption under 11 U.S.C. § 522(o)(4).
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Court
:
- 11 U.S.C.
In re Smith
Nov
06
2006
Ruling
Chapter 13 plan could not be confirmed without clear reference to treatment of creditor's "hanging paragraph"auto insurance claim.
Procedural posture
Debtors moved for confirmation of their proposed chapter 13 plan. Creditor objected to confirmation based on the plan's treatment of its claim, which was governed by the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9) (910-car claim).
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Court
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