Scrivner v. Mashburn (In re Scrivner)
Jun
20
2007
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.
Procedural posture
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.
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In re Martin
May
08
2007
Ruling
Chapter 13 plan confirmation denied as debtor's intent to retain luxury boat was indicative of bad faith.
Procedural posture
Debtors sought confirmation of their proposed chapter 13 plan. The bankruptcy trustee objected to confirmation, arguing that the debtors were not entitled to deduct monthly payments of $302 to a creditor secured by the debtors'luxury boat, on which they owed a balance of $21,350, in calculating their monthly disposable income on Form B22C under 11 U.S.C. § 707(b)(2). The court also considered whether the plan was proposed in good faith.
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Court
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In re George Love Farming LC
Mar
23
2007
Ruling
Debtor's "atypical" behavior justified denial of motion to convert to chapter 11.
Procedural posture
Before the court was debtor's motion to convert to chapter 11. Debtor was one of five entities that were substantively consolidated in a separate chapter 11 case. Although the chapter 11 case was still pending, debtor commenced this chapter 7 case alone, and debtor sought to convert the case to chapter 11. The U.S. Trustee, the chapter 7 trustee, and two secured creditors objected.
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Court
:
- 11 U.S.C.
In re Tonioli
Feb
05
2007
Ruling
Modification of plan to abate delinquent plan payments allowed in absence of objection by secured creditor.
Procedural posture
The court confirmed debtors'chapter 13 case. The chapter 13 trustee moved to dismiss the case, stating that debtors were three months delinquent in plan payments. Debtors objected to the trustee's motion to dismiss and moved to modify their plan to abate delinquent plan payments. The secured creditor of debtors'vehicle received notice of debtors'abatement request and did not file an objection.
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Court
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In re Giles
Jan
19
2007
Ruling
Case dismissed where debtors obtained credit counseling 182, rather than 180, days before filing.
Procedural posture
A chapter 13 trustee filed a motion to dismiss debtors'case for failure to comply with 11 U.S.C. § 109(h) when the debtors obtained credit counseling 182 before filing the case.
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Court
:
- 11 U.S.C.
Redmond v. Lentz & Clark P.A. (In re Wagers)
Nov
28
2006
Ruling
Bankruptcy court erred in allowing firm to collect postpetition fees from prepetition retainer
Procedural posture
Prior to filing their bankruptcy petition, appellee debtors hired appellee law firm and, as a retainer, the debtors paid the firm a cash amount and assigned their interests in tax refunds to the firm. Appellant bankruptcy trustee sought review of the judgment of the Bankruptcy Court for the District of Kansas which allowed the firm to recover its postpetition fees from the prepetition retainer under 11 U.S.C. § 330(a)(1).
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Columbia State Bank v. Daviscourt (In re Daviscourt)
Nov
07
2006
Ruling
Bankruptcy court properly held civil judgment to be fully nondischargeable against debtor who operated business and partially nondischargeable against debtor spouse who was a company officer.
Procedural posture
Defendant debtors appealed from an order of the Bankruptcy Court for the District of Colorado that held that the entirety of a civil judgment obtained against them was nondischargeable, under pursuant to 11 U.S.C. § 523(a)(2) and (6) in full as against debtor husband, and partially nondischargeable against debtor wife. Plaintiff creditor cross-appealed the bankruptcy court's dismissal of a portion of its claim against debtor wife.
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Peters v. Enterasys Networks Inc. (In re Native Am. Sys.)
Sep
29
2006
Ruling
Allowance of adminstrative expense for provision of services induced by debtor postpetition affirmed.
Procedural posture
Appellant trustee challenged a decision of the Bankruptcy Court for the District of Colorado, which allowed appellee creditor's request for an administrative expense pursuant to 11 U.S.C. § 503(b).
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In re Clemens
Aug
22
2006
Ruling
Trustee's fees were still subject to Lodestar analysis in addition to 326(a) formula provided by BAPCPA.
Procedural posture
Chapter 7 trustee sought the payment of his fees pursuant to 11 U.S.C. § 326.
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Court
:
- 11 U.S.C.
In re Fuger
Jun
29
2006
Ruling
Trustee's objection to confirmation was denied and section 1325(b)(1)(B)'s "applicable commitment period" language was interpreted as serving as both temporal and monetary requirement.
Procedural posture
The matter before the court was the continued hearing on confirmation of the debtors'proposed chapter 13 plan. Specifically, the court was called upon to determine whether the "applicable commitment period"in 11 U.S.C. § 1325(b)(1)(B) was a monetary or temporal requirement.
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Court
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