In re Spraggins
Sep
03
2015
Ruling
Funds held by chapter 13 trustee had to be returned to debtor upon conversion.
Issue(s)
Whether the standing trustee may, after conversion of a chapter 13 case to a chapter 7 case, pay claims, including court ordered fees, from debtors' funds she has on hand?
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Court
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Williams v. M. Bruenger & Co. (In re Brannan)
Jun
25
2015
Ruling
Trustee could not challenge secured status of creditor's claim after debtor's plan had been confirmed.
Issue(s)
Could trustee challenge the secured status of creditor's claim after debtor's plan had been confirmed?
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Court
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Pawtucket Credit Union v. Boyajian (In re Diruzzo)
Mar
31
2015
Ruling
Bankruptcy court erred in ordering creditor that did not file timely proof of claim to turn over payments received pursuant to confirmed plan that trumped the claims allowance process.
Issue(s)
Did bankruptcy court err in ordering credit union that did not file a timely proof of claim to turn over payments received under confirmed chapter 13 plan?
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Court
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Judge or Jurisdiction information not available
In re Vazquez
Mar
31
2015
Ruling
Postconfirmation relief from stay denied as plan was binding on creditor.
Issue(s)
Could postconfirmation motion for relief from stay be granted?
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Court
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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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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
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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