In re Comer
Mar
07
2014
Ruling
Relief from stay granted to allow purchaser of foreclosed property to proceed with dispossession action where plan did not call for reinstatement of debtor's interest.
Issue(s)
Was purchaser of debtor's property at foreclosure sale entitled to relief from the automatic stay to obtain possession of the property or could debtor, whose plan had been confirmed, set aside the sale?
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Court
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McCarter v. Green Tree Servicing LLC (In re McCarter)
Mar
06
2014
Ruling
Debtor could not modify plan and reclassify claims almost five years after confirmation.
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Court
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In re Adams
Feb
04
2014
Ruling
Debtors could not amend their claim of exemption to include an exemption that could have been claimed prior to confirmation
Issue(s)
Whether chapter 13 debtors could amend their exemptions post-confirmation to claim exempt homestead property that they could have claimed prior to confirmation.
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Court
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Flugence v. Axis Surplus Ins. Co. (In re Flugence)
Nov
22
2013
Ruling
Personal injury claim not disclosed by debtor properly barred as by judicial estoppel but could be pursued by trustee.
Issue(s)
Did bankruptcy court abuse its discretion by holding that debtor was judicially estopped from pursuing personal injury claim due to nondisclosure and could trustee pursue claim on behalf of the estate?
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Court
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Judge or Jurisdiction information not available
Flugence v. Axis Surplus Co. (In re Flugence)
Oct
04
2013
Ruling
Debtor estopped from pursuing undisclosed personal injury claim that accrued postconfirmation but before amended plan was confirmed.
Issue(s)
Could debtor pursue undisclosed personal injury claim that accrued after confirmation of initial plan but before confirmation of modified plan .
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Court
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Judge or Jurisdiction information not available
Hope v. Acorn Fin. Inc.
Sep
26
2013
Ruling
Trustee could not pursue postconfirmation avoidance of security interest to which it had not previously objected.
Issue(s)
Whether a confirmed chapter 13 plan which gave a creditor a secured position was binding on the trustee who, aware of defects in that creditor's security interest, did not assert any objections to, and affirmatively recommended confirmation of, the plan.
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Court
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Judge or Jurisdiction information not available
In re Brisco
Aug
21
2013
Ruling
Small Business Administration liens could be avoided where claim was provided for in plan.
Issue(s)
Could second mortgage held by the Small Business Administration, which did not file a proof of claim, be avoided pursuant to the terms of debtors' plan.
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Court
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- 11 U.S.C.
In re Castleberry
Mar
15
2013
Ruling
Postconfirmation, nonexempt insurance proceeds for property damage were not property of the estate and could be turned over to debtor.
Procedural posture
Before the court was a motion for turnover filed by debtor seeking an order requiring the chapter 13 trustee to turnover non-exempt insurance proceeds acquired post-confirmation due to an automobile accident.
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Court
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Intertek USA Inc. v. Caribbean Petro. Corp. (In re Caribbean Petro. Corp.)
Mar
11
2013
Ruling
Creditor could not challenge settlement that was incorporated into confirmed plan.
Procedural posture
An alleged co-tortfeasor (also "creditor") challenged a settlement between defendants, debtors, and its insurer. Plaintiff was insistent that the terms of a Buyback Order, as well as a Puerto Rican statute, required the Settlement Funds to be distributed only to Tort Claimants. Plaintiff moved to enforce its interpretation of the Buyback Order and also moved to enjoin distribution of the Settlement Funds.
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Court
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Pees v. CitiMortgage Inc. (In re Crum)
Sep
24
2012
Ruling
Trustee's modification of plan to alter treatment of secured claim denied as confirmation had binding affect on parties.
Procedural posture
Plaintiff, the chapter 7 trustee, in conjunction with the debtors, filed a post- confirmation adversary complaint seeking to avoid defendant creditor mortgagee's lien on debtor's surrendered real property for the benefit of the estate, and modify the confirmed plan pursuant to 11 U.S.C.S. § 1329.
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Court
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