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§ 1306(a)

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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Consumer opinion summary, case decided on October 10, 2012 , LexisNexis #1112-070
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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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Consumer opinion summary, case decided on July 09, 2012 , LexisNexis #0912-027
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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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Consumer opinion summary, case decided on March 31, 2009 , LexisNexis #0509-033
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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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Consumer opinion summary, case decided on March 05, 2009 , LexisNexis #0509-068
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In re Schiffman

Mar
02
2006
Ruling
Debtor's objection to the court's chapter 13 plan form was overruled since the debtor sought to exclude tax refunds from estate property.
Procedural posture

Before the court in a chapter 13 bankruptcy matter were debtor's objection to provisions of paragraph 1 of the court's local chapter 13 plan form, as well as the chapter 13 trustee's and a creditor's objections to paragraph 14, and the creditor's objection to paragraph 17, in which the trustee joined, of the amended plan.

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opinion summary, case decided on March 02, 2006 , LexisNexis #0406-026
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