- 11 U.S.C.
In re Akbarian
Feb
04
2014
Ruling
Voluntary waiver of discharge granted over objections of trustee and creditors.
Issue(s)
Should debtor be allowed a waiver of discharge over the objections of the trustee and creditors?
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Court
:
- 11 U.S.C.
Naylor v. Ellsworth (In re Ellsworth)
Jan
13
2014
Ruling
Debtor whose marriage was annulled was not a "former spouse" under §523(a)(5) although judgment debt was nondischargeable as based on fraud.
Issue(s)
Was state court fraud judgment in favor of former spouse whose marriage to debtor was annulled nondischargeable.
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Court
:
In re Akbarian
Dec
18
2013
Ruling
Voluntary dismissal denied absent cause.
Issue(s)
Should debtor's motion for voluntary dismissal be granted.
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Court
:
- 11 U.S.C.
In re Stain
Sep
16
2013
Ruling
Delinquent plan payments that became due prior to debtor's filing of motion for relief could not be abated.
Issue(s)
Could plan be modified to permanently abate delinquent plan payments that came due prior to motion for relief .
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Court
:
- 11 U.S.C.
In re Jensen
Jul
26
2013
Ruling
Voluntary contributions to qualified retirement plan within three months of petition date were not disposable income.
Issue(s)
Whether voluntary contributions to a qualified retirement plan constitute disposable income for purposes of a chapter 13 plan or are excluded from a debtor's disposable income and therefore sheltered from repayment to creditors in the context of a chapter 13 plan.
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Court
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In re Wensel
Apr
04
2013
Ruling
Confirmation denied due to debtor's failure to include tax refunds in projected disposable income.
Procedural posture
Chapter 13 bankruptcy debtors proposed a plan which provided for payment to creditors of all of the debtors' projected disposable income as required by 11 U.S.C.S. § 1325(b), including tax refunds determined by averaging the past three years tax refunds, annualizing the average, and incorporating that amount in disposable income. The bankruptcy trustee objected to confirmation of the debtors' plan.
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Court
:
In re Edwards
Mar
25
2013
Ruling
Till rate of interest was proper for motor vehicle loan held by oversecured non-910 creditor.
Procedural posture
Before the court was an objection to debtor's chapter 13 plan filed by a secured creditor (objector) holding a purchase money security interest in debtor's 2007 vehicle.
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Court
:
- 11 U.S.C.
In re Kofford
Dec
03
2012
Ruling
Confirmation denied for bad faith due to debtor's failure to provide for reallocation of funds after payment of retirement loans.
Procedural posture
Before the court was the confirmation of the debtor's chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Krantz
Nov
28
2012
Ruling
Debtors had standing to seek avoidance of lien on home sold after petition date.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code and sought a ruling that they were entitled under 11 U.S.C.S. § 522(f)(1) to avoid a judicial lien a creditor placed on a home they owned because the lien impaired their homestead exemption. The court held a hearing on the motion and the creditor's objection.
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Court
:
- 11 U.S.C.
In Fristone
Sep
26
2012
Ruling
Bankruptcy court lacked authority to sanction homeowners' association for failing to foreclose on lien on property debtor had abandoned.
Procedural posture
This matter came before the court on debtors' amended motion for sanctions against a secured creditor, and other and further relief. The court held a hearing on the Motion.
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Court
: