In re Brunson
Nov
06
2008
Ruling
Postconfirmation motion for relief from stay denied due to application of res judicata.
Procedural posture
Following plan confirmation, a creditor filed a motion for relief from the automatic stay in a debtor's chapter 13 bankruptcy case based on the debtor's failure to make any post- petition payments to the creditor.
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Court
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In re Carter
Jul
15
2008
Ruling
Creditor's objection to trustee's notice of disallowance of claim overruled due to failure to timely object to confirmed plan.
Procedural posture
A creditor objected to a trustee's notice allowing/disallowing claims, which showed that the creditor was to receive nothing under the debtor's chapter 13 plan on the creditor's secured or unsecured claims and that the debtor's real property was to be surrendered in lieu of the entire debt to the creditor.
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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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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 Hibble
Jul
18
2007
Ruling
Creditor not entitled to deficiency claim resulting from post-confirmation disposition of collateral although a portion was allowable as administrative expense.
Procedural posture
The creditor, that held an undersecured lien on debtor's motor vehicle, repossessed the vehicle and sold it after the debtor defaulted and failed to make agreed monthly payments "outside" the bankruptcy estate. The creditor then filed a claim for the deficiency on the sale. The debtor objected to the claim as untimely, because it was filed after both the claims bar date and the entry of the order of confirmation.
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Court
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In re Whitney
Jun
07
2007
Ruling
Discharge denied where debtor had not complied with requirement to contribute all disposable income to plan for 60-month period.
Procedural posture
Debtor filed a Motion for Discharge Following Full Payment of Plan. Also interested in the motion was the chapter 13 trustee, who opposed the motion. At issue was whether debtor in fact had complied with the terms of the confirmed chapter 13 plan.
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Court
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In re Smith
May
29
2007
Ruling
Creditor that failed to object to bifurcation of claim prior to confirmation was bound by plan.
Procedural posture
After plan confirmation, the chapter 13 debtor objected to a secured creditor's proof of claim.
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Court
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