Judge Thurman

In re Jass

The debtors moved for confirmation of their proposed chapter 13 plan and the chapter 13 trustee objected. The issue was whether the term "disposable income" was the same as "projected disposable income" as used in 11 U.S.C. § 1325(b)(1)(B). The debtors contended that their "projected disposable income" would be less than their "disposable income" due to the husband debtor's health problems.
Ruling: 
Court held that the debtors failed to provide sufficient evidence to rebut a presumption that "disposable income" was the same as "projected disposable income" for purposes of confirming a chapter 13 plan.
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In re Clay

Under the debtor's proposed chapter 13 plan, the debtor proposed to pay the majority of her secured creditors directly. The chapter 13 trustee objected to confirmation of the plan, arguing that direct payments are not permissible under the Bankruptcy Code.
Ruling: 
Court ruled that Code section 1326(a)(1) still allowed debtors to make direct payments to creditors.
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In re Tomasini

A bankruptcy debtor's motion to extend the automatic bankruptcy stay under 11 U.S.C. § 362(c)(3) was denied based on the debtor's lack of good faith in filing his bankruptcy petition after a prior petition was dismissed. The bankruptcy court considered whether the debtor showed good faith under 11 U.S.C. § 1325(a)(7) to warrant confirmation of the debtor's chapter 13 plan.
Ruling: 
Court ruled that good faith determinations differed between sections 362(c)(3) and 1325(a)(7), but the court required further hearings as to whether the debtor was subjectively motivated to file in good faith.
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In re Galanis

Two sets of debtors had a prior case pending within one year of filing their present cases. They filed motions to extend the automatic stay, under 11 U.S.C. § 362(c)(3)(B). Each argued that the court should extend the stay because they filed in good faith.
Ruling: 
Debtors rebutted the bad faith presumption in refiling within one year of prior filings since they had filed to responsibly address their debts, they had steady sources of income, and no objections were made.
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Gillman v. Green (In re Green)

Plaintiff chapter 7 trustee sued defendant debtor, seeking an order revoking the debtor's discharge under 11 U.S.C. § 727(d)(3) on the ground that the debtor failed to obey a lawful order of the bankruptcy court to turn over tax refunds for a particular tax year. The bankruptcy court held a trial.
Ruling: 
Court denied revocation of discharge since the trustee did not show that the debtor willfully disobeyed an order to turn over tax refunds but rather had spent the proceeds before receiving notice of obligation.
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