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In re Wilbur

Jun
21
2006
Ruling
Court, in denying plan confirmation, held that "unsecured creditors" in section 1325(b)(1)(B) referred to non-priority unsecured creditors only.
Procedural posture

Debtors moved for confirmation of their proposed chapter 13 plan. The chapter 13 trustee filed an objection. The issue was whether the term "unsecured creditors" in 11 U.S.C. § 1325(b)(1)(B) referred to non-priority unsecured creditors only. The debtors'position was that the term "unsecured creditors," as found in section 1325(b)(1)(B) included unsecured creditors holding both priority and non-priority claims.

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opinion summary, case decided on June 21, 2006 , LexisNexis #0706-049
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In re Beckstead

Apr
26
2006
Ruling
Trustee's objection to debtors'claim of exemption of a real estate commission was overruled since it was earned prepetition under applicable state law.
Procedural posture

Before the court was the chapter 7 trustee's objection to debtors'claim of exemption of a real estate commission.

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opinion summary, case decided on April 26, 2006 , LexisNexis #0606-059
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In re Jass

Mar
22
2006
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.
Procedural posture

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.

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opinion summary, case decided on March 22, 2006 , LexisNexis #0406-006
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In re Clay

Mar
15
2006
Ruling
Court ruled that Code section 1326(a)(1) still allowed debtors to make direct payments to creditors.
Procedural posture

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.

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opinion summary, case decided on March 15, 2006 , LexisNexis #0406-007
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In re Tomasini

Mar
08
2006
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.
Procedural posture

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.

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opinion summary, case decided on March 08, 2006 , LexisNexis #0406-080
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In re Galanis

Dec
07
2005
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.
Procedural posture

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.

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opinion summary, case decided on December 07, 2005 , LexisNexis #0106-003
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Gillman v. Green (In re Green)

Nov
14
2005
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.
Procedural posture

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.

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opinion summary, case decided on November 14, 2005 , LexisNexis #0106-030
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