In re Adams
Oct
10
2012
Ruling
Postpetition personal injury/wrongful death action brought by debtor regarding care of late mother should have been disclosed as an asset.
Procedural posture
A state court where the chapter 13 debtor had filed a personal injury/wrongful death cause of action asked the bankruptcy court to determine whether the debtor had a duty to disclose her claim for damages as an asset in her bankruptcy action.
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Court
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In re Tinney
Jul
09
2012
Ruling
Inheritance received more than 180 days after petition date was not property of the estate.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and the court confirmed the debtor's bankruptcy plan and appointed a trustee to administer the plan. The trustee filed a motion to modify the plan so that it required the debtor to use assets she inherited from her mother to pay unsecured creditors' claims. The debtor opposed the motion.
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Court
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Brooks v. Prestige Fin. Servs.
Oct
14
2011
Ruling
Consumer protection action against car financer allowed to proceed in interests of creditors.
Procedural posture
Plaintiff Chapter 13 debtor sued defendant car finance company in Maryland state court under the Maryland Consumer Protection Act and state common law. The finance company removed the action to federal district court. The finance company moved to dismiss or, alternatively, to stay. The debtor moved to strike notice of stay.
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Court
:
- 11 U.S.C.
In re Rice
Dec
23
2010
Ruling
Chapter 13 trustee not entitled to full amount of tax refunds received by debtors and non- debtor spouses.
Procedural posture
In two bankruptcy cases, the Chapter 13 sought entitlement to the full amount of the refunds pursuant to the confirmation order that was entered in each case. In Case No. 09- 8310, debtor filed a Motion to Modify Confirmed Chapter 13 Plan. In Case No. 09-8888, the Chapter 13 Trustee filed a Motion to Dismiss for Failure to Comply with Order Confirming Plan.
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Court
:
- 11 U.S.C.
In re Malewicz
Nov
04
2010
Ruling
Non-debtor spouse's failure to disgorge portion of post-confirmation tax refund did not constitute a default under the plan.
Procedural posture
A non-debtor spouse filed a motion for an order finding that his share of a post-confirmation joint tax refund did not have to be disgorged to a Chapter 13 trustee. The trustee opposed the motion on the grounds that the confirmed plan provided for the turnover. The issue before the court was whether the failure to surrender the non-debtor spouse's share of the tax refunds constituted a default under the plan.
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Court
:
- 11 U.S.C.
Tokheim v. Georgia-Pacific Gypsum LLC
Mar
31
2009
Ruling
Title VII cause of action not disclosed during debtor's chapter 13 case dismissed.
Procedural posture
Plaintiff former employee filed suit against defendant former employer alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., and the Iowa Civil Rights Act, Iowa Code ch. 216. The employer moved for summary judgment.
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Court
:
In re Jackson
Mar
05
2009
Ruling
Lien against property inherited postconfirmation could be avoided.
Procedural posture
The chapter 13 debtors moved for an order to set aside a money judgment that was entered against them in state court and to avoid any lien that attached to their real property when a judgment lien creditor recorded the judgment. The court held a hearing on the motions.
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Court
:
- 11 U.S.C.
In re Scott
Feb
20
2008
Ruling
Only trustee could disclaim inheritance to which debtor became entitled within 180 days of petition date.
Procedural posture
The debtors filed a motion to approve the renunciation and disclaimer of an inheritance. The chapter 13 Trustee objected. The debtors asked the court to approve a renunciation and disclaimer of an inheritance to which the wife debtor became entitled due to her mother's death. She became entitled to the inheritance within 180 of the filing of the petition.
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Court
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In Dispirito
Jul
17
2007
Ruling
Adequate protection payments to undersecured vehicle creditor had priority over debtor's attorneys'fees.
Procedural posture
Chapter 13 debtor and the creditor holding the security interest on her motor vehicle disputed whether the adequate protection payments debtor was making to the creditor was senior or junior in priority to the claim to attorneys fees by debtor's counsel.
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Court
:
- 11 U.S.C.
Swearingen-El v. Cook County SheriffDept
Oct
16
2006
Ruling
Debtor could pursue unscheduled civil rights action after conversion from chapter 7 to chapter 13.
Procedural posture
Three days after filing a pro se chapter 7 bankruptcy petition, plaintiff filed a suit against defendants, an Illinois county, the county's sheriff's department, the county sheriff, and three other persons, alleging tort claims as well as employment discrimination and constitutional claims under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. §§ 1981 and 1983. Defendants moved to dismiss the suit pursuant to Fed. R. Civ. P. 12(b)(1) and (6).
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Court
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