In re Gonzalez
Jul
19
2012
Ruling
State department of revenue held in contempt for enforcing domestic support obligation in violation of confirmation order.
Procedural posture
Chapter 13 debtor filed a motion to hold the State of Florida in contempt. The State of Florida, Department of Revenue (DOR), filed a motion for summary judgment.
ABI Membership is required to access the full summary of In re Gonzalez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re OConnor
Mar
07
2012
Ruling
City held in contempt for postconfirmation billing statements.
Procedural posture
Chapter 13 debtors filed a motion for contempt against a city and an objection to a proof of claim filed by the city.
ABI Membership is required to access the full summary of In re OConnor Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Hurtte
Feb
21
2012
Ruling
Trustee's objection to modified plan overruled due to failure to object to original plan on same basis.
Procedural posture
Before the court was the chapter 13 trustee's First Amended Objection to debtors' Amended Plan #2. The Trustee objected that Amended Plan #2 was filed in bad faith.
ABI Membership is required to access the full summary of In re Hurtte Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Nix v. Tavernier (In re Nix)
Jan
05
2012
Ruling
Debtor's post-confirmation action against creditor barred by res judicata.
Procedural posture
Debtor's complaint stated that this adversary proceeding was an action to, inter alia: object to defendant creditor's proof of claim; enforce debtor's right to rescind a consumer credit transaction; void the creditor's alleged security interest in debtor's home; and recover actual, statutory, and punitive damages, costs and attorney's fees from the creditor pursuant to the Truth-In-Lending Act. The creditor moved to dismiss.
ABI Membership is required to access the full summary of Nix v. Tavernier (In re Nix) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Kreps v. Illinois Dept of Healthcare (In Kreps)
Jul
13
2011
Ruling
Res judicata did not bar claim for postpetition interest on priority claim for back child support.
Procedural posture
Plaintiffs, Chapter 13 debtors, filed an adversary complaint against defendant Illinois Department of Healthcare and Family Services (DHFS) alleging that the res judicata effect of their confirmed plan under 11 U.S.C.S. § 1327(a) barred the DHFS's claim for postpetition interest that accrued on the priority claim for back child support.
ABI Membership is required to access the full summary of Kreps v. Illinois Dept of Healthcare (In Kreps) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Hileman
Jun
13
2011
Ruling
Confirmed plan was binding on mortgage creditor and barred foreclosure sale.
Procedural posture
Chapter 13 debtor filed an adversary complaint and motion seeking to enjoin a foreclosure sale. The court held an emergency hearing before the foreclosure sale and preliminarily enjoined the creditor from continuing with the sale until a full hearing could be held and decision rendered on whether its actions violated the terms of the confirmed plan.
ABI Membership is required to access the full summary of In re Hileman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Carouthers
May
27
2011
Ruling
Creditor who had notice of plan and did not object to or appeal confirmation was barred from asserting lien.
Procedural posture
In this Chapter 13 case involving an already confirmed plan, a creditor filed a motion for relief from stay, arguing that it had a lien on a vehicle owned by the debtors that was enforceable.
ABI Membership is required to access the full summary of In re Carouthers Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Hope v. Acorn Fin. Inc. (In re Fluellen)
Mar
18
2011
Ruling
Postconfirmation avoidance proceeding barred by res judicata.
Procedural posture
Trustee filed an avoidance action against creditor under 11 U.S.C.S. § 547(e)(2)(C). Defendant filed a motion for summary judgment. It argued that the action was barred by res judicata because the action was commenced after the confirmation of the debtor's chapter 13 plan.
ABI Membership is required to access the full summary of Hope v. Acorn Fin. Inc. (In re Fluellen) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Caruso v. DeHart (In re Caruso)
Aug
06
2010
Ruling
Trustee was bound by confirmation of original plan and barred from objecting to identical language contained in proposed amended plan.
Procedural posture
Movant, a chapter 13 debtor, sought to amend his confirmed plan under 11 U.S.C.S. § 1329. Respondent chapter 13 Trustee objected to the motion and to the proposed plan.
ABI Membership is required to access the full summary of Caruso v. DeHart (In re Caruso) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Kirkland
May
20
2010
Ruling
Objection to amended plan that could have been raised prior to confirmation of original plan overruled as untimely.
Procedural posture
A secured creditor, which was a bank, objected to two debtors' proposed amended plan in their chapter 13 bankruptcy action.
ABI Membership is required to access the full summary of In re Kirkland Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: