- 11 U.S.C.
In re Andrews
Jul
12
2010
Ruling
Fee awarded to attorney for debtor's former spouse in divorce was a nondischargeable domestic support obligation.
Procedural posture
Debtor filed a petition under chapter 13, and an attorney who represented the debtor's ex-wife in a divorce action filed a claim against the debtor's bankruptcy estate. The debtor filed an objection to the attorney's claim, and the attorney filed an objection to confirmation of the debtor's chapter 13 plan and moved for judgment on the pleadings.
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Court
:
- 11 U.S.C.
In re Winkles
Jul
06
2010
Ruling
Unemployment compensation funds are not SSA payments and must be included in current monthly income calculation.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss the chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b)(1) and (b)(2). The sole issue was whether unemployment compensation benefits received from the State of Illinois prior to filing bankruptcy were benefits received under the Social Security Act (SSA) and therefore excluded from the current monthly income calculation under 11 U.S.C.S. § 101(10A)(B).
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Court
:
- 11 U.S.C.
In re Bartelini
Jun
02
2010
Ruling
Social Security income properly excluded from debtor's income calculations.
Procedural posture
Debtors filed separate petitions under chapter 13, and a trustee was appointed to administer their bankruptcy estates. The trustee filed objections to plans the debtors proposed for repaying their creditors, claiming that the plans could not be confirmed under 11 U.S.C.S. § 1325(b)(1)(B) because the debtors had not committed all of their projected disposable income to repay debts they owed to unsecured creditors.
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Court
:
- 11 U.S.C.
In re Nance
May
21
2010
Ruling
Unemployment compensation required to be included in current monthly income calculation.
Procedural posture
This matter came before the court on the Chapter 13 Trustee's Amended Objection to Confirmation of Debtors' Amended Plan.
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Court
:
- 11 U.S.C.
In re Bowen
May
10
2010
Ruling
Enforcement of domestic support obligation was not subject to stay.
Procedural posture
The former spouse of a bankruptcy debtor asserted that a state-court award to the spouse of a percentage of the debtor's retirement benefits was a domestic support obligation which was not dischargeable. The spouse moved for relief from the automatic bankruptcy stay to allow the spouse to obtain a qualified domestic relations order from the state court.
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Court
:
- 11 U.S.C.
In re Olguin
Apr
29
2010
Ruling
Social security benefits contributed to household by non-debtor grandparents needed to be included in calculation of current monthly income.
Procedural posture
Before the court was the Standing Chapter 13 Trustee's Objection to Confirmation of debtors' chapter 13 Plan.
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Court
:
- 11 U.S.C.
In re Wyatt & McAlister PLLC
Apr
23
2010
Ruling
Case dismissed where both members of PLLC did not join in petition.
Procedural posture
Following the filing of a voluntary chapter 7 case on behalf of debtor, a professional limited liability company (PLLC), by one of its members, the other member of the PLLC filed an emergency motion to dismiss the chapter 7 voluntary petition.
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Court
:
- 11 U.S.C.
In re Scholl
Mar
31
2010
Ruling
Railroad Retirement Act benefits should not be included in current monthly income calculation.
Procedural posture
Before the court was an objection by the chapter 13 trustee to confirmation of a chapter 13 plan filed by debtors.
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Court
:
Pellegrino v. Boyajian (In re Pellegrino)
Feb
09
2010
Ruling
Case properly dismissed as debtors with negative income did not qualify under chapter 13.
Procedural posture
The below median debtors appealed from an order of the bankruptcy court for the District of Rhode Island that dismissed their chapter 13 case where the court concluded that the debtors did not have excess income from which to make plan payments, and were therefore not eligible for chapter 13 relief as contemplated by 11 U.S.C.S. § 101(30), did not meet the requirements of 11 U.S.C.S. § 1325(b)(1).
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Court
:
Judge or Jurisdiction information not available
Raymond Profl Group Inc. v. William A. Pope Co. (In re Raymond Profl Group Inc.)
Dec
17
2009
Ruling
Debtor in possession's counsel disqualified due to actual conflict of interest.
Procedural posture
Plaintiff bankruptcy debtors, a contractor and its sole corporate shareholder, brought an adversary proceeding against defendant subcontractor in a dispute concerning funds from a construction project. The subcontractor moved to disqualify the debtor's counsel and to appoint a chapter 11 trustee, and the shareholder moved for voluntary dismissal without prejudice of its claim to ownership of a project account.
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Court
: