- 11 U.S.C.
In re Hernandez
Mar
23
2012
Ruling
Plan commitment period is to be established based on facts existing on the date of confirmation.
Procedural posture
The chapter 13 trustee objected to confirmation of an amended plan proposed by a chapter 13 debtor, challenging both the date on which debtor proposed to determine the applicable commitment period and the extent to which post-petition and pre-confirmation changes in household size affected that calculation. At issue was the import, on these issues, of 11 U.S.C.S. § 1325.
ABI Membership is required to access the full summary of In re Hernandez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Marco Inc.
Jan
12
2012
Ruling
Creditor mall that accepted adequate protection payments from debtor store was not entitled to relief from stay.
Procedural posture
Movant, a shopping mall, sought relief from the automatic stay under 11 U.S.C.S. § 362(d) to continue to enforce its state law remedies based on the termination of a license agreement with the debtor. The court conducted an evidentiary hearing on the motion.
ABI Membership is required to access the full summary of In re Marco Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Smith
Dec
09
2011
Ruling
Relief from stay to foreclose granted where collateral was properly secured and creditor not adequately protected.
Procedural posture
This matter came before the court for an evidentiary hearing, by video- conference, on the Motion for Relief from Automatic Stay filed by a creditor and the Objection filed by debtors. The creditor filed its motion under 11 U.S.C.S. § 362(d) so that it could foreclose its security interest on certain collateral.
ABI Membership is required to access the full summary of In re Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Royal v. First Interstate Bank (In re Trierweiler)
Nov
21
2011
Ruling
Transfer of note and mortgage between lenders was not avoidable.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendants, a bank and a corporation that provided electronic registration services for mortgages, seeking a determination that the bank's security interest in a note which two debtors gave the bank before they declared chapter 7 bankruptcy could be avoided under 11 U.S.C.S. § 544(a)(1) and (3). The case was tried to the court.
ABI Membership is required to access the full summary of Royal v. First Interstate Bank (In re Trierweiler) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Narvais
Oct
21
2011
Ruling
Confirmation denied due to proposed retention of and deduction for payments on whole life insurance policy.
Procedural posture
Debtor filed a petition under Chapter 13 of the Bankruptcy Code and proposed a First Amended Chapter 13 Plan for repaying his debts. The Chapter 13 trustee filed an objection to confirmation of the debtor's plan.
ABI Membership is required to access the full summary of In re Narvais Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
McVay v. Henderson (In re Henderson)
Oct
19
2011
Ruling
Nondisclosure of cash due to prescription medicine induced memory problem was not grounds for revocation of discharge.
Procedural posture
United States Trustee (UST) filed a complaint for revocation of the discharge of defendant debtor under 11 U.S.C.S. § 727(d)(1). The UST alleged that the debtor had failed to disclose $5,000 that she had stashed in her night stand. The court held a trial.
ABI Membership is required to access the full summary of McVay v. Henderson (In re Henderson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re BBB Acquisition LLC
Sep
16
2011
Ruling
Conversion to chapter 11 denied absent evidence debtor solely sought to avoid specific performance judgment or of diminution and mismanagement of estate.
Procedural posture
Creditor, a family trust, moved per 11 U.S.C.S. § 1112 to convert the chapter 11 case filed by debtor into a chapter 7 case. Objections to the motion were asserted by debtor, a bank, and two other interested parties. The U.S. Trustee (UST) had previously filed a motion for the same relief on allegations that cause for conversion was shown, and both motions were heard and decided together.
ABI Membership is required to access the full summary of In re BBB Acquisition LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Peterson
May
03
2011
Ruling
Involuntary debtor's attorneys could recover fees from initial petitioning creditor after dismissal.
Procedural posture
Applicant, the involuntary debtors' attorney, filed applications for compensation under 11 U.S.C.S. § 303(i) after involuntary chapter 11 cases against the two involuntary debtors were dismissed. The petitioning creditors objected.
ABI Membership is required to access the full summary of In re Peterson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Carlson
Apr
06
2011
Ruling
Plan modification approved due to payments missed as a result of debtors' estrangement, over trustee's objection.
Procedural posture
Debtor husband filed a joint petition under Chapter 13 of the Bankruptcy Code with his wife in December 2005, and they proposed a Chapter 13 plan that was confirmed on October 6, 2006. The debtor and his wife separated and the court bifurcated their cases in April 2010, and in August 2010 the debtor proposed a modified Chapter 13 plan. The Chapter 13 trustee filed objections to the debtor's plan, pursuant to 11 U.S.C.S. § 1325(b).
ABI Membership is required to access the full summary of In re Carlson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Strahan
Mar
31
2011
Ruling
Confirmation of serial filers' fourth amended plan denied due to lack of good faith.
Procedural posture
Debtors, a husband and wife, filed a joint petition under chapter 13 of the Bankruptcy Code and proposed a fourth amended plan for repaying their creditors. The standing chapter 13 trustee filed an objection to confirmation of the debtors' plan under 11 U.S.C.S. § 1325(b), claiming, inter alia, that the debtors had not proposed to pay all their projected disposable income into the plan and had not proposed their plan in good faith.
ABI Membership is required to access the full summary of In re Strahan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: