§ 1326

Ng v. Farmer (In re Ng)

Appellant debtors challenged orders from the United States Bankruptcy Court for the District of Hawaii that dismissed their chapter 7 case under 11 U.S.C.S. § 707(b)(3)(B) on the motion of appellee United States trustee, asserting that the bankruptcy court abused its discretion in dismissing their case based on a change in circumstance when debtor husband's monthly income increased significantly.
Ruling: 
Case properly dismissed where debtor's income increased significantly.
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Consumer case opionion summary, case decided on September 07,2012, LexisNexis #1012-057

In re Fischer

A chapter 13 trustee filed a motion to determine whether a court order to turn over funds to a debtor pursuant to 11 U.S.C.S. § 1326(a) could be superseded by a writ of garnishment issued by another court.
Ruling: 
Order to turn over funds to debtor upon dismissal could be superseded by state court writ of garnishment.
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Consumer case opionion summary, case decided on July 16,2010, LexisNexis #1010-103

Spero v. Porecco (In re Porecco)

The chapter 7 trustee filed a motion for reconsideration of an order directing the chapter 7 trustee to turn over to the debtor $ 60,740 held by the trustee.
Ruling: 
Order for return of funds to debtor reversed on reconsideration given discovery that debtor's chapter 13 plan had been confirmed in 2005.
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Consumer case opionion summary, case decided on April 07,2010, LexisNexis #0610-140

In re Fischer

Debtor filed for relief under chapter 13. The bankruptcy court dismissed the case, but subsequently converted the case to a chapter 7 case. A creditor served a writ of garnishment on the chapter 13 trustee. The trustee filed a motion to determine whether the order of the bankruptcy court to turn over funds to the debtor could be superseded by the writ of garnishment issued by a state court.
Ruling: 
Trustee could turn over funds to debtor despite post-dismissal pre-conversion writ of garnishment from creditor.
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Consumer case opionion summary, case decided on March 29,2010, LexisNexis #0610-060

In re Butler

The chapter 13 debtor's motor vehicle lien holding creditor filed an objection to the confirmation of the debtors' plan as proposed. The gravamen of the creditor's objection was that, upon confirmation, the payments to the creditor would cease for approximately seven months while the trustee was paying the administrative costs and attorney fees under the plan, and so the plan did not comply with 11 U.S.C.S. § 1326.
Ruling: 
Confirmation denied due to failure to feasibly provide for proper adequate protection payments.
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Consumer case opionion summary, case decided on March 17,2009, LexisNexis #0609-095

In re Parker

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and the court appointed a standing trustee to represent the bankruptcy estate. Three months later, the court granted the trustee's motion to dismiss the debtor's case. After the case was dismissed, the debtor filed a motion seeking an order requiring the clerk of court to pay her $ 3,375 which the trustee paid to the court. A loan care servicing center opposed the debtor's motion.
Ruling: 
Chapter 13 debtor not entitled to return of funds paid to trustee prior to dismissal for failure to make payments.
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Consumer case opionion summary, case decided on January 21,2009, LexisNexis #0309-055

In re Marks

Debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying her creditors. A secured creditor filed an objection to the debtor's plan.
Ruling: 
Creditor's objection to debtors plan for failing to make payments sufficient for adequate protection sustained and attorneys fees awarded pursuant to contract.
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Consumer case opionion summary, case decided on September 25,2008, LexisNexis #1008-129

In re Randal

A debtor filed for relief under chapter 13. After the petition was filed, counsel agreed to represent the debtor for a fee of $3,000 and counsel accepted a retainer payment of $100. Debtor's counsel filed a motion to expedite an attorney fee payment.
Ruling: 
Expedited full payment of debtor's attorneys fees prior to payment of other creditors denied.
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Consumer case opionion summary, case decided on December 20,2007, LexisNexis #0208-019

In re Bellamy

Counsel for a chapter 13 debtor filed an application for payment of counsel fees as an administrative expense pursuant to 11 U.S.C. § 1326(b).
Ruling: 
Attorneys'fees to be paid prior to distribution to creditors to the extent fees had been earned and were not for future performance.
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Consumer case opionion summary, case decided on November 28,2007, LexisNexis #0108-088

In re Inyamah

A chapter 13 trustee filed a motion to disperse funds to a debtor following the dismissal of the debtor's case. A creditor objected, asserting that the funds should be paid to it based on its judgment and garnishment against the debtor.
Ruling: 
Plan payments less administrative expenses and protection payments were to be returned to debtor upon dismissal of case.
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Consumer case opionion summary, case decided on November 20,2007, LexisNexis #0108-019

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