General Lending Corp. v. Cancio
Jan
29
2014
Ruling
Creditor's untimely objection to debtor's eligibility properly barred by bankruptcy court.
Issue(s)
Did the laches bar imposed by the bankruptcy court to creditor's eligibility challenge under 11 U.S.C.S. § 109(e) eliminate a statutory condition of confirmation?
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Court
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In re Yuen
Oct
09
2013
Ruling
Debtor was ineligible due to debt in excess of chapter 13 limits.
Issue(s)
Was debtor with more than $367,000 in scheduled unsecured debt eligible under chapter 13.
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Court
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In re Walls
Jul
09
2013
Ruling
Issue of whether IRS secured nonpriority claim was discharged in prior case has to be resolved in an adversary proceeding as it went to eligibility.
Issue(s)
Whether a chapter 13 debtor's claim that an unsecured nonpriority claim the Internal Revenue Service ("IRS") filed against his bankruptcy estate could be resolved as a contested matter or had to be resolved in an adversary proceeding, and if an adversary proceeding was required, whether that proceeding had to be filed in the debtor's earlier bankruptcy case after that case were reopened or could be filed in the debtor's open chapter 13 case.
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Court
:
In re Jones
May
28
2013
Ruling
Case ordered converted or dismissed due to unsecured debt in excess of chapter 13 limits.
Procedural posture
Debtor filed a chapter 13 bankruptcy case. The chapter 13 Trustee filed a petition to dismiss the case alleging that the debtor was over the jurisdictional limits of 11 U.S.C.S. § 109(e) and was therefore ineligible for chapter 13 relief.
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Court
:
In re Miller
May
21
2013
Ruling
Case ordered dismissed or converted due to unsecured debt in excess of chapter 13 limits.
Procedural posture
A bankruptcy trustee filed a motion to dismiss the chapter 13 bankruptcy case filed by the debtors.
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Court
:
In re Piovanetti
May
16
2013
Ruling
Debt to bank that was liquidated and not contingent caused debtor to exceed limit for chapter 13 eligibility.
Procedural posture
A bank filed an objection to an amended plan and a request for dismissal, arguing that the debtor was ineligible to be a chapter 13 debtor under 11 U.S.C.S. § 109(e). The debtor affirmed his eligibility alleging that he was not the principal debtor of the debt with the bank, but rather the guarantor. He alleged that the same was contingent upon the principal's default on the loan and could not be considered as a claim for eligibility purposes.
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Court
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In re Reed
May
14
2013
Ruling
Case dismissed as noncontingent guaranteed debt caused debtor to exceed chapter 13 limits.
Procedural posture
Both the chapter 13 trustee and the debtor's former spouse moved by separate motions to dismiss the chapter 13 case on the basis that the debtor owed debts that exceeded the allowable amounts provided for under 11 U.S.C.S. § 109(e).
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Court
:
In re Stouder
Feb
11
2013
Ruling
Objection to confirmation based on debt limits overruled where creditor's claim for fees in state court case was unliquidated.
Procedural posture
Before the court was an objection filed by a creditor to the confirmation of the chapter 13 debtor's plan, and a motion to dismiss, based on the creditor's allegation that the debtor was not eligible to be a debtor under 11 U.S.C.S. § 109(e) because its debts exceeded the liquidated, non- contingent unsecured debt limits.
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Court
:
In re Kwiatkowski
Jan
25
2013
Ruling
Confirmation denied due to unsecured claims in excess of chapter 13 debt limits.
Procedural posture
Following hearings on confirmation of the debtor's proposed chapter 13 plan, and the objection to confirmation raised by moving unsecured creditor, which asserted the debtor's plan was not proposed in good faith as required by 11 U.S.C.S. § 1325(a)(3).
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Court
:
In re Sappah
Dec
11
2012
Ruling
Chapter 13 case ordered converted or dismissed due to debt in excess of limits.
Procedural posture
The chapter 13 trustee sought to dismiss the case of respondent debtors on the ground that they were ineligible to be chapter 13 debtors pursuant to 11 U.S.C.S. § 109(e).
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Court
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