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In re West Daniels Land Assn

Ruling
Relief from stay granted to allow town to use and occupy debtor's land in order to construct new water system.
Procedural posture

In this chapter 11 case involving a debtor landowner, a town filed an emergency motion for relief from the automatic stay under 11 U.S.C.S. § 362 to allow the town's continued use and occupancy of a parcel of real property owned by the debtor on which the town intended to construct a new water system. In essence, the town sought to enforce a state court order granting it immediate occupancy.

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Commercial opinion summary, case decided on December 17, 2009 , LexisNexis #0210-042

In re Dufin

Ruling
Exemption of premium payments on life insurance policies allowed pursuant to state law.
Procedural posture

The chapter 7 debtors claimed exemptions of premium payments made on two universal life insurance policies pursuant to Utah Code Ann. § 78B-5-505. The trustee objected to the claimed exemptions on the ground that under § 78B-5-505(1)(a)(xiii), the debtors were not entitled to an exemption of payments made on the policies during the one year period prior to the petition date.

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Consumer opinion summary, case decided on December 09, 2009 , LexisNexis #0110-081

In re Pearson

Ruling
Debtor could retain tax refund only to extent needed to pay urgent expenses.
Procedural posture

Debtors' Motion to Retain Tax Refund for 2008 (Motion) came before the court.

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Consumer opinion summary, case decided on October 13, 2009 , LexisNexis #1109-100

In re Hughes

Ruling
Modification that might affect amount received by unsecured creditors denied.
Procedural posture

Two pairs of debtors filed separate petitions under chapter 13, and after the court confirmed their plans for repaying their creditors, both pairs of debtors filed motions, pursuant to 11 U.S.C.S. § 1329, to modify their plans. The court considered both motions together.

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Consumer opinion summary, case decided on July 16, 2009 , LexisNexis #0909-098

In re Timothy

Ruling
Confirmation denied where above-median debtors' plan did not propose to pay monthly disposable income for 60 months.
Procedural posture

Debtors filed a petition under chapter 13 and a plan for repaying their creditors. A trustee was appointed to represent the debtors' bankruptcy estate, and he filed an objection to confirmation of the debtors' plan, claiming that the amount the debtors proposed to pay to nonpriority unsecured creditors did not satisfy the projected disposable income requirements of 11 U.S.C.S. § 1325(b).

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Consumer opinion summary, case decided on May 12, 2009 , LexisNexis #0709-062