- 11 U.S.C.
In re Heinze
Jan
01
2011
Ruling
Case ordered converted or dismissed for abuse due to understatement of disposable income.
Procedural posture
Bankruptcy debtors asserted that they had insufficient disposable income to repay creditors, but the bankruptcy trustee contended that the debtors claimed unwarranted dependents, and excessive cell phone expenses and tax liability, in calculating their disposable monthly income. The trustee moved to dismiss the debtors' case based on the presumption of abuse of chapter 7 bankruptcy under 11 U.S.C.S. § 707(b)(2).
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Court
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In re Steele
Nov
18
2010
Ruling
Plan could not be confirmed due to unnecessary expenses, separate treatment of student loan debt and mathematical errors.
Procedural posture
Debtors, a husband and wife, filed a petition under chapter 7 in December 2009 and converted their case to one under chapter 13 in March 2010. Debtors filed an amended plan for repaying their creditors under chapter 13, and a trustee who was appointed to administer the debtors' chapter 13 bankruptcy estate filed an objection to the plan.
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Court
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In re Urban
May
24
2010
Ruling
Case dismissed due to presumption of abuse after modifications to schedules.
Procedural posture
In debtor's chapter 7 proceeding, the United States trustee made a motion to dismiss pursuant to 11 U.S.C.S. § 707(b)(1) and (2) or , in the alternative, under 11 U.S.C.S. § 707(b)(1) and (3). Debtor filed an objection.
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Court
:
In re Kreiling
Apr
26
2010
Ruling
Chapter 7 case dismissed under totality of circumstances due to debtors' excessive budget.
Procedural posture
Debtors filed a chapter 7 petition and the United States Trustee (UST) moved to dismiss pursuant to 11 U.S.C.S. § 707(b), contending that the presumption of abuse applied.
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Court
:
- 11 U.S.C.
In re Peterson
Feb
05
2010
Ruling
Involuntary petition dismissed due to numerous contested claims.
Procedural posture
Petitioning creditors brought an involuntary petitions against alleged debtors under 11 U.S.C.S. § 303.
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Court
:
- 11 U.S.C.
In re Mowrey
Jan
21
2010
Ruling
Reaffirmation agreement not approved due to debtor's failure to rebut presumption of undue hardship.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and he asked the court to approve three reaffirmation agreements he negotiated with a credit union, pursuant to 11 U.S.C.S. § 524. The court held a hearing on the debtor's motions.
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Court
:
In re Relka
Dec
18
2009
Ruling
Relief from stay granted to mortgage creditor.
Procedural posture
This matter came before the court for an evidentiary hearing on a creditor's motion for an order granting relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d) and debtor's objection.
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Court
:
- 11 U.S.C.
In re Monson
Dec
07
2009
Ruling
Plan calling for payment of mortgage over course of 57 months confirmed over mortgagee's objection.
Procedural posture
This matter came before the court for an evidentiary hearing on the confirmation of the debtor's amended chapter 13 plan and an objection filed by a mortgagee on the debtor's residence.
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Court
:
- 11 U.S.C.
Ferrin v. College of St. Catherine (In re Ferrin)
Apr
30
2007
Ruling
Combative and socially averse debtor who had held 40 jobs at an income level of ten dollars hourly granted undue hardship discharge of student loan debt.
Procedural posture
Plaintiff debtor filed an adversary complaint to determine that his student loan debts to defendant creditors was dischargeable in bankruptcy, pursuant to 11 U.S.C. § 523(a)(8).
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Court
:
- 11 U.S.C.
Hurless v. Jenkins (In re Jenkins)
Nov
06
2006
Ruling
Marital debts were dischargeable where debtor had no disposable income.
Procedural posture
Debtor's former spouse filed an adversary proceeding against the debtor seeking a determination that certain marital debts owed to her were nondischargeable pursuant to 11 U.S.C. § 523(a)(15).
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Court
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