Jimenez v. NYCTL 1996-1 Trust (In re Jimenez)
May
09
2008
Ruling
Mistaken representation that amount secured by lien was paid in full did not render lien unenforceable where retention is called for in the plan.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor, seeking a determination that the creditor's lien against the debtor's real property, for unpaid taxes and other property-related charges, was discharged or unenforceable based on the creditor's mistaken statement that the amount secured by the lien was paid in full. The bankruptcy court conducted an evidentiary hearing.
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Court
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Case v. Wells Fargo Bank
Mar
19
2008
Ruling
Challenge to interest on interest payments in confirmed plans dismissed due to application of res judicata.
Procedural posture
The dispute involved interest on interest payments made under confirmed plans. Plaintiff debtors asserted the payments violated 11 U.S.C.S. § 1322(e). Count I of each complaint sought disgorgement under 11 U.S.C.S. § 502(j). Count II alleged abuse of process under 11 U.S.C.S. § 105. Debtors also sought class certification. Defendants were secured creditors. The matter was remanded by the U.S. District Court for the Eastern District of Wisconsin.
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Court
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In re Porter
Feb
08
2008
Ruling
Debtor could not preserve otherwise undisclosed prepetition causes of action that would not be pursued until after confirmation.
Procedural posture
In two chapter 13 cases, the debtors' plans contained a provision that purported to preserve a broad range of not-yet-ripe causes of action against unidentified parties. In both cases, the language of the provision was identical and a creditor objected. The court confirmed both plans, with the caveat that adjudication of the objections could result in the controversial provision being modified or stricken.
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Court
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In re Myers
Feb
06
2008
Ruling
Debtors bound by mortgage arrearage included in confirmed plan where reservation of rights to object to claims was overbroad.
Procedural posture
A chapter 13 debtor filed an objection to the proof of claim filed by a creditor. The creditor filed a motion to strike the debtor's request for production of documents and for an accounting.
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Court
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In re Munck
Dec
07
2007
Ruling
State could not reopen case for determination of dischargeability of child support which was barred by plan confirmation.
Procedural posture
The debtors filed for relief under chapter 13 and the case was closed in January, 2006. A creditor, the State of West Virginia, on behalf of a mother, sought to reopen the case to determine dischargeability of a child support obligation owed to the mother. Debtors sought an order to show cause why the State should not be held in contempt for taking action to collect the debt at issue.
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Court
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Foreman v. J. Walter Constr. Co. (In re Foreman)
Nov
26
2007
Ruling
Postpetition postconfirmation wrongful death claim was not estate property and did not require amendment to schedules.
Procedural posture
The chapter 13 debtor moved to amend the schedules in her case to reflect her interest in a wrongful death claim as to her deceased husband that arose post-confirmation. The objecting parties were defendants in the wrongful death suit. The debtor contended the claim was not property of her estate under 11 U.S.C. §§ 1306(a) and 1327(b), but moved to amend her schedules and identify the asset only in case disclosure was necessary.
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Court
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- 11 U.S.C.
In re King
Nov
13
2007
Ruling
Prepetition collection proceedings nullified by confirmed plan.
Procedural posture
Following the confirmation of debtors'chapter 13 plan, a creditor filed a motion for an award of garnished funds, seeking to reduce the garnishments to judgment against the debtors and to reduce to judgments his claims to the stock in the debtors'former law firm.
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Court
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In re Keck
Oct
23
2007
Ruling
Overruling of objection to confirmation stood after reversal due to creditor's failure to obtain stay pending appeal.
Procedural posture
A chapter 13 trustee objected to a creditor's proof of claim under a retail installment contract and security agreement with the debtors.
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Court
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In re Brown
Sep
05
2007
Ruling
Trustee's objection to homestead exemption was moot where house had been removed from estate by confirmation process.
Procedural posture
A chapter 7 trustee objected to the debtor's claimed exemption in the debtor's home.
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Court
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Scott v. Countrywide Homes Loans Inc. (In re Scott)
Sep
04
2007
Ruling
Counterclaim to stay violation proceeding dismissed as precluded by plan confirmation.
Procedural posture
In an adversary proceeding, plaintiffs, chapter 13 debtors, moved to dismiss counterclaims filed against them by defendants, a mortgage creditor, a beneficiary of a second deed of trust, and a foreclosure agent. The motion was brought for failure to state a claim pursuant to Fed. R. Bankr. P. 7012, which incorporated Fed. R. Civ. P. 12(b)(6).
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Court
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