- 11 U.S.C.
Weinman v. Graves (In re Graves)
Oct
22
2008
Ruling
Bankruptcy court refused to order turnover of prepetition tax refund applied as pre-payment to next year's liability.
Procedural posture
The chapter 7 Trustee appealed an order of the Bankruptcy Court for the District of Colorado denying his motion to compel the debtors to turnover the value of a pre-petition tax refund that the debtors applied to pre-payment of their 2007 taxes, prior to filing their bankruptcy case.
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Court
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Judge or Jurisdiction information not available
- FRBP
In re Parker
Aug
14
2008
Ruling
Case reopened after seven years and sanctions for stay violation vacated due to improper service.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Espinoza
Aug
01
2008
Ruling
Plan proposing "step up" in monthly payments to secured creditor could not be confirmed.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Espinoza
Aug
01
2008
Ruling
Plan calling for two-tiered payments did not meet requirement of equal monthly payments on allowed secured claims and could not be confirmed.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Francisco
Jul
02
2008
Ruling
Credit counseling obtained on petition date satisfied "180 days preceeding date of filing" requirement.
Procedural posture
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).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Andrews
May
06
2008
Ruling
Payment under Economic Stimulus Act 2008 was not property of the estate where the legislation had not yet been enacted on petition date.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Lanning
Dec
13
2007
Ruling
Debtor's projected disposable income in plan could deviate from current monthly income as calculated on Form B22C.
Procedural posture
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.
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Court
:
Judge or Jurisdiction information not available
In re Burt
Oct
24
2007
Ruling
Inclusion of negative equity in vehicle loan did not defeat purchase money security interest status for purposes of hanging paragraph.
Procedural posture
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.
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Court
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In re Wintercorn
Aug
22
2007
Ruling
Trustee could sell debtor's house as final report did not have effect of abandoning the property.
Procedural posture
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.
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Court
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In re Zambrano
Aug
03
2007
Ruling
Automatic stay applied to secured claim which debtor was paying directly to creditor.
Procedural posture
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.
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Court
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