- 11 U.S.C.
In re Blackaby
Sep
21
2006
Ruling
Creditor was bound by confirmation order given evidence of proper notice and absence of fraud.
Procedural posture
The creditor sought a motion to vacate or reconsider an earlier order of the court confirming the debtors' plan under chapter 13. The debtors objected to the motion.
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Court
:
- 11 U.S.C.
Celli v. First National Bank (In re Layo)
Aug
15
2006
Ruling
Confirmation order met requirements for res judicata.
Procedural posture
Appellant trustee challenged an order of the District Court for the Northern District of New York reversing a decision of the bankruptcy court and finding that a confirmed chapter 13, 11 U.S.C. § 1301, bankruptcy plan was res judicata and prevented a debtor from avoiding a mortgage held by appellee bank. The mortgage lien, which had been recorded in the land records, was identified in the chapter 13 plan.
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Wilson v. Home-Savers LLC (In re Wilson)
Jul
17
2006
Ruling
Property that had vested with debtor upon plan confirmation was no longer property of the estate and could be transferred.
Procedural posture
Plaintiff chapter 13 debtor sued defendants, seeking a declaratory judgment that a deed and a deed of trust he executed to convey a property and any other aspects of the transaction involving those instruments (including the borrowing of money) were void under the Bankruptcy Code due to the pendency of his bankruptcy case. The debtor and defendants filed motions for summary judgment.
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Court
:
In re Carter
Apr
13
2006
Ruling
Debtor's counsel's attempt to collect additional attorneys' fees was barred by plan confirmation.
Procedural posture
Counsel for the debtor filed an application for compensation in which he sought approval of additional compensation. The debtor opposed the application.
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Court
:
In re Carter
Apr
13
2006
Ruling
Debtor's attorney's attempt to collect additional fees barred by confirmation of plan.
Procedural posture
Counsel for the debtor filed an application for compensation in which he sought approval of additional compensation. The debtor opposed the application.
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Court
:
- 11 U.S.C.
In re Ayre
Mar
27
2006
Ruling
Two claims of a state department of revenue were disallowed since the debtors'plan had been confirmed and the state entity had not earlier objected to the treatment of its claim under the plan.
Procedural posture
The debtors filed a proceeding under chapter 13 and in their plan the debtors classified an anticipated claim by the Illinois Department of Revenue ("IDOR") as a priority claim. The chapter 13 plan was confirmed. After the confirmation, the IDOR filed three claims in the proceeding, and the trustee objected to two of the claims.
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Court
:
In re Zayed
Mar
09
2006
Ruling
Debtor was bound by confirmed plan to turn over tax refund especially where the debtor had failed to disclose a rise in income.
Procedural posture
Chapter 13 debtor received a refund associated with his 2004 federal income tax return. The debtor moved for leave to keep these funds contrary to the requirement contained in the order confirming his chapter 13 plan. The debtor requested that he be allowed to keep his 2004 tax refund due to the substantial damage to his home suffered as a result of hurricanes. The debtor estimated that the damages totaled at least $55,000.
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Court
:
In re Abbott
Feb
13
2006
Ruling
Servicer of a creditor's mortgage was denied claim for additional prepetition arrearages since that claim had been addressed in prior confirmed plans.
Procedural posture
The debtor filed a motion to obtain a determination that the prepetition arrearage that was owed to the creditor had been paid in full. The creditor was the holder of the first mortgage on the debtor's residence. The creditor objected to the motion, on the grounds that the debtor continued to owe an additional amount of prepetition arrearage.
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Court
:
Hutchinson v. Del. Sav. Bank FSB
Jan
25
2006
Ruling
Debtors'claims against the lender were not barred by confirmation of their chapter 13 plan since conversion to chapter 7 removed the res judicita effect of that chapter 13 plan.
Procedural posture
Plaintiff debtors sued defendant lender for fraud, breach of contract, and violation of the New Jersey Consumer Fraud Act ("NJCFA") and sued defendant loan servicing companies for negligence/intentional tort, breach of contract, violation of the NJCFA, and violation of the Real Estate Settlement Procedures Act ("RESPA"). Defendants moved to dismiss.
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Court
:
- 11 U.S.C.
In re Kelly
Jan
09
2006
Ruling
Fraud was not grounds for converting chapter 13 case after confirmation completion and discharge.
Procedural posture
The United States Trustee filed a motion to convert debtors' reopened chapter 13 case to chapter 7 for the administration of undisclosed assets.
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Court
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