- 11 U.S.C.
In re Baxter
Aug
20
2007
Ruling
Proceeds of postconfirmation cause of action were disposable income warranting modification of plan.
Procedural posture
The movant, the chapter 13 trustee, sought to modify the confirmed plan in debtor's case. The trustee requested that the non-exempt, net proceeds due the debtors from their settlement of a lawsuit be paid under the plan for the benefit of unsecured creditors. The debtors objected to the motion.
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Court
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In re Hibble
Jul
18
2007
Ruling
Creditor not entitled to deficiency claim resulting from post-confirmation disposition of collateral although a portion was allowable as administrative expense.
Procedural posture
The creditor, that held an undersecured lien on debtor's motor vehicle, repossessed the vehicle and sold it after the debtor defaulted and failed to make agreed monthly payments "outside" the bankruptcy estate. The creditor then filed a claim for the deficiency on the sale. The debtor objected to the claim as untimely, because it was filed after both the claims bar date and the entry of the order of confirmation.
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Court
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- 11 U.S.C.
In re Averhart
Jul
12
2007
Ruling
Plan rate of interest, not Till rate, applied where creditor's priority claims would be paid in full and creditor did not timely object.
Procedural posture
The debtor filed for relief under chapter 13. The creditor, which held a security interest in the debtor's car, filed a proof of claim, and the debtor filed an objection to the creditor's proof of claim. The debtor claimed that pursuant to 11 U.S.C. § 1327, the creditor's claim was limited to the amount confirmed in the plan.
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Court
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In re Whitney
Jun
07
2007
Ruling
Discharge denied where debtor had not complied with requirement to contribute all disposable income to plan for 60-month period.
Procedural posture
Debtor filed a Motion for Discharge Following Full Payment of Plan. Also interested in the motion was the chapter 13 trustee, who opposed the motion. At issue was whether debtor in fact had complied with the terms of the confirmed chapter 13 plan.
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Court
:
In re Smith
May
29
2007
Ruling
Creditor that failed to object to bifurcation of claim prior to confirmation was bound by plan.
Procedural posture
After plan confirmation, the chapter 13 debtor objected to a secured creditor's proof of claim.
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Court
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In re Griffiths
May
03
2007
Ruling
Surrender of vehicle allowed in full satisfaction of secured claim where creditor failed to file timely objection to confirmation.
Procedural posture
A debtor listed in his chapter 13 plan a debt owed to a creditor and stated in the plan that he was going to surrender the collateral in full satisfaction of the debt. The creditor filed a claim for the deficiency, and the debtor objected to that claim.
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Court
:
In re Moffitt
Apr
12
2007
Ruling
Creditor's attempted repossession of vehicle pursuant to pre-confirmation stay order violated confirmation order providing for surrender of title upon payment in full.
Procedural posture
The debtors filed a motion to determine the status of the automatic stay in their chapter 13 bankruptcy case.
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Court
:
In re Westenberg
Mar
30
2007
Ruling
Debtor who completed all plan payments was entitled to discharge despite failure to fully satisfy several secured claims.
Procedural posture
Chapter 13 trustee filed a motion to dismiss debtors'case, claiming that debtors were not entitled to a discharge because certain secured claims had not been fully satisfied at the end of the confirmed plan's term. Debtors objected to the motion.
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Court
:
- 11 U.S.C.
In re Greene
Jan
24
2007
Ruling
Plan confirmation was binding on trustee who had filed but never acted upon "conditional objections" to debtors'objections.
Procedural posture
In each of eight chapter 13 cases, the chapter 13 trustee filed "conditional objections to exemptions." The plans in each of the cases were confirmed. The issue was the legal effect of the confirmed chapter 13 cases upon the unresolved objections to exemptions.
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Court
:
Illinois Dept. of Rev. v. Ayre (In re Ayre)
Jan
16
2007
Ruling
State tax claim was settled through confirmation process when revenue department did not object to reduced payment.
Procedural posture
In appellee debtors'chapter 13 proceeding, the bankruptcy court confirmed the debtors'plan and sustained an objection by appellee chapter 13 trustee to proofs of claim filed by appellant, the Illinois Department of Revenue. The Department appealed.
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Court
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