Andrews v. Cadleway Props.
May
20
2008
Ruling
Bankruptcy court properly declined to equitably subordinate creditor's claim.
Procedural posture
A first creditor challenged a judgment from the Bankruptcy Court, which equitably subordinated her claim and which did not equitably subordinate the claim of a second creditor.
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Court
:
- 11 U.S.C.
In re Braun
May
15
2008
Ruling
Debtor's obligation under separation decree to pay mortgage debt directly to lender was a nondischargeable domestic support obligation.
Procedural posture
A bankruptcy debtor's plan provided for abandonment of an interest in real property occupied by the debtor's spouse, and for discharge of an obligation to pay the mortgage debt on the property under a decree of legal separation. The spouse asserted that the mortgage debt was a nondischargeable domestic support obligation, the debtor objected to the spouse's claim based on the debt, and the spouse objected to confirmation of the debtor's plan.
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Court
:
City of Clarksburg v. Sprouse (In re Sprouse)
Apr
15
2008
Ruling
Claim based on creditor city's postpetition demolition of property pursuant to prepetition condemnation was discharged in debtor's bankruptcy.
Procedural posture
Debtors filed a no-asset, chapter 7 bankruptcy case on September 3, 2003. Earlier that year, on April 23, 2003, plaintiff, the City of Clarksburg, condemned property debtors owned as being dilapidated. As a result of this condemnation, the City razed the property on September 8, 2006, for the cost of $ 4,900. The City sought to collect this amount from debtors as a post-petition obligation. Pending were cross-motions for summary judgment.
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Court
:
City of Clarksburg v. Sprouse (In re Sprouse)
Apr
15
2008
Ruling
Claims of city for demolition costs of condemned property that was scheduled prior to petition date were discharged in debtor's bankruptcy.
Procedural posture
Debtors filed a no-asset, chapter 7 bankruptcy case on September 3, 2003. Earlier that year, on April 23, 2003, plaintiff, the City of Clarksburg, condemned property debtors owned as being dilapidated. As a result of this condemnation, the City razed the property on September 8, 2006, for the cost of $ 4,900. The City sought to collect this amount from debtors as a post-petition obligation. Pending were cross-motions for summary judgment.
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Court
:
In re Adkins
Mar
19
2008
Ruling
Creditor's attorney's claim for fees in state court action dismissed.
Procedural posture
A debtor objected to the proof of claim filed by a creditor's attorney in the Chapter 13 bankruptcy case.
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Court
:
- 11 U.S.C.
Simon v. Zittel
Mar
19
2008
Ruling
Withdrawals from debtors' retirement accounts within six months of petition date were not "income."
Procedural posture
A trustee objected, pursuant to 11 U.S.C.S. § 1325(b)(1)(B), to confirmation of the debtors' proposed chapter 13 plans.
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Court
:
- 11 U.S.C.
In re Montgomery
Mar
04
2008
Ruling
Debtors allowed redetermination of current monthly income after obtaining lower paying jobs.
Procedural posture
The debtors filed a motion to strike Schedule I and to determine their currently monthly income.
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Court
:
In re Forgette
Nov
30
2007
Ruling
Car loan payments debtor owed pursuant to divorce decree did not establish claim for former spouse as payments were owed directly to lender.
Procedural posture
Respondent debtor objected to claimant ex-wife's priority claim in his chapter 13 bankruptcy. The claim represented the debt owed to a creditor bank on a repossessed vehicle.
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Court
:
- 11 U.S.C.
Shaver v. Forgette (In re Forgette)
Nov
30
2007
Ruling
Debtor's liability for car payments pursuant to divorce decree was not a domestic support obligation and was subject to stay.
Procedural posture
Movant, the ex-wife of a chapter 13 debtor, sought relief from stay pursuant to 11 U.S.C. § 362(b) or (d) to enable her to go to state court to enforce that portion of a divorce decree under which debtor was obligated for all indebtedness associated with a vehicle that the parties had owned during their marriage and which decree awarded movant certain rights of use for a limited period of time.
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Court
:
In re Quillian
Oct
15
2007
Ruling
Chapter 12 debtor with less than 50% of debt arising from farming operation given time to convert to chapter 13 prior to dismissal.
Procedural posture
Movant creditors filed a motion to dismiss a chapter 12 bankruptcy petition on the ground that respondent debtor did not qualify as a debtor.
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Court
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