Judge Thurman

In re Parker

The successor creditor, the successor in interest to the original creditor of the debtor, moved to reopen the debtor's chapter 7 bankruptcy case, and moved for relief from a judgment entered in favor of the debtor and against the creditors seven years prior based on violations of the automatic stay and the discharge injunction, which judgment the creditor claimed was void, under Fed. R. Civ. P. 60(b)(4).
Ruling: 
Case reopened after seven years and sanctions for stay violation vacated due to improper service.
ABI Membership is required to access the full summary of In re Parker. 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 August 14,2008, LexisNexis #1108-069

In re Espinoza

After debtors, a married couple, sought confirmation of their proposed chapter 13 plan, a secured creditor filed an objection claiming that the plan was not properly confirmed because it failed to provide for "equal monthly payments" in an amount sufficient to adequately protect the creditor's interests during the term of the plan. At issue was whether, notwithstanding that objection, the plan complied with 11 U.S.C.S. § 1325(a)(5)(B)(iii)(I).
Ruling: 
Plan proposing "step up" in monthly payments to secured creditor could not be confirmed.
ABI Membership is required to access the full summary of In re Espinoza. 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 August 01,2008, LexisNexis #0808-120

In re Espinoza

A creditor objected to the confirmation of the debtors' proposed chapter 13 plan on the ground that the plan's unequal monthly payments did not comply with 11 U.S.C.S. § 1325(a)(4)(B)(iii)(I).
Ruling: 
Plan calling for two-tiered payments did not meet requirement of equal monthly payments on allowed secured claims and could not be confirmed.
ABI Membership is required to access the full summary of In re Espinoza. 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 August 01,2008, LexisNexis #1008-015

In re Francisco

Appellant debtor sought review of a decision of the United States Bankruptcy Court for the District of New Mexico, which dismissed her chapter 13 petition for failure to timely obtain credit counseling under 11 U.S.C.S. § 109(h)(1).
Ruling: 
Credit counseling obtained on petition date satisfied "180 days preceeding date of filing" requirement.
ABI Membership is required to access the full summary of In re Francisco. 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 July 02,2008, LexisNexis #0708-106

In re Andrews

Debtors filed a motion for turnover of a portion of their 2007 income tax refunds, and the chapter 7 trustee requested that the amount of the tax refund be offset by a portion of the stimulus payment expected pursuant to the Economic Stimulus Act of 2008, Pub. L. No. 110-185, 122 Stat. 613.
Ruling: 
Payment under Economic Stimulus Act 2008 was not property of the estate where the legislation had not yet been enacted on petition date.
ABI Membership is required to access the full summary of In re Andrews. 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 May 06,2008, LexisNexis #0608-047

In re Lanning

Appellant, a chapter 13 trustee, challenged an order of the Bankruptcy Court for the District of Kansas confirming a chapter 13 plan. At issue was whether an above-median debtor's projected disposable income (PDI) per 11 U.S.C. § 1325(b)(1)(B) could deviate from current monthly income ("CMI") per Official Bankr. Form B22C where a significant change in circumstances has been shown. The U.S. Trustee also appeared, urging affirmance.
Ruling: 
Debtor's projected disposable income in plan could deviate from current monthly income as calculated on Form B22C.
ABI Membership is required to access the full summary of In re Lanning. 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 13,2007, LexisNexis #0108-059

In re Burt

A creditor of a chapter 13 debtor objected to the confirmation of the debtor's plan on the grounds that it sought to improperly cram down the creditor's secured claim in violation of 11 U.S.C. § 1325(a) (hanging paragraph referencing paragraph 5). The debtor objected to the creditor's claim, arguing that such provision did not apply to the creditor's claim because the creditor did not hold a purchase money security interest.
Ruling: 
Inclusion of negative equity in vehicle loan did not defeat purchase money security interest status for purposes of hanging paragraph.
ABI Membership is required to access the full summary of In re Burt. 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 24,2007, LexisNexis #1107-120

In re Wintercorn

Debtors filed a petition under chapter 7, and a trustee was appointed to administer the bankruptcy estate. The trustee filed a motion seeking reconsideration of the court's ruling denying, without prejudice, the trustee's motion to employ a real estate broker.
Ruling: 
Trustee could sell debtor's house as final report did not have effect of abandoning the property.
ABI Membership is required to access the full summary of In re Wintercorn. 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 August 22,2007, LexisNexis #1107-101

In re Zambrano

Debtors filed a petition under chapter 13, and a plan for paying their creditors. A creditor objected to confirmation of the debtors' plan because it did not state that the automatic stay did not apply to a secured claim the creditor held on an automobile the debtors owned.
Ruling: 
Automatic stay applied to secured claim which debtor was paying directly to creditor.
ABI Membership is required to access the full summary of In re Zambrano. 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 August 03,2007, LexisNexis #1107-040

Scrivner v. Mashburn (In re Scrivner)

Appellant debtors challenged an order of the Bankruptcy Court for the Western District of Oklahoma authorizing appellee trustee to "surcharge" their exempt assets to collect the value of property of the estate not turned over pursuant to an earlier court order.
Ruling: 
Bankruptcy court did not abuse discretion in authorizing trustee to surcharge exempt property where debtor failed to obey order to turn over non-exempt property.
ABI Membership is required to access the full summary of Scrivner v. Mashburn (In re Scrivner). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Judge Thurman