§ 1328(a)

Bailey v. Digirolamo (In re Digirolamo)

Ruling: 
Judgment for battery was nondischargeable.
ABI Membership is required to access the full summary of Bailey v. Digirolamo (In re Digirolamo). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 17,2014, LexisNexis #0214-068

Reed v. Reed (In re Reed)

Ruling: 
False certification of currency of child support payment was grounds for denial of discharge and refiling bar.
ABI Membership is required to access the full summary of Reed v. Reed (In re Reed). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 14,2014, LexisNexis #0214-032

In re Rogers

A credit union filed a motion seeking a determination that the discharge granted to the chapter 13 debtors did not extinguish their liability for a deficiency arising from a post- discharge default and foreclosure sale. The debtors asserted that the deficiency was not excepted from discharge under 11 U.S.C.S. §§ 1328(a), 1322(b)(5), and 1322(b)(2).
Ruling: 
Unsecured deficiency claim arising from post-discharge default foreclosure was discharged in debtor's case.
ABI Membership is required to access the full summary of In re Rogers. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 08,2013, LexisNexis #0813-031

In re Yarbrough

Chapter 13 debtor filed a motion for an order that would require a creditor, who was the debtor's mortgage company, to evaluate the debtor's mortgage loan for participation under the Home Affordable Modification Program. The creditor argued that the court was without authority or jurisdiction to issue any order.
Ruling: 
Creditor ordered to evaluate debtor's mortgage for participation under Home Affordable Modification Program.
ABI Membership is required to access the full summary of In re Yarbrough. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 11,2013, LexisNexis #0713-135

In re Young

Chapter 13 debtors filed a motion for entry of discharge, arguing that they satisfied the payment obligations under their plan. The chapter 13 trustee opposed the motion.
Ruling: 
Motion for discharge in chapter 13 case denied where debtors did not remit all disposable income during plan term.
ABI Membership is required to access the full summary of In re Young. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 29,2012, LexisNexis #0612-068

In re Phillips

A creditor filed a proof of claim in a debtor's bankruptcy case for arrearage in the debtor's mortgage payments, but the debtor asserted that the claim was discharged in a prior bankruptcy case of the debtor. The debtor objected to the creditor's claim.
Ruling: 
Debt paid outside plan in debtor's prior chapter 13 case was not discharged.
ABI Membership is required to access the full summary of In re Phillips. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 27,2012, LexisNexis #0212-138

In re Phile

The debtor sought confirmation of his proposed First Amended Chapter 13 Plan, which included a provision declaring any debt owed to his former spouse to be dischargeable.
Ruling: 
Debtor could not use plan confirmation process to determine dischargeability of debt to former spouse.
ABI Membership is required to access the full summary of In re Phile. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 28,2011, LexisNexis #1111-134

Dorris v. Chacon (In re Chacon)

Plaintiff, a mentally disabled woman ("victim"), filed an adversary proceeding by and through her guardian, seeking a determination that claims she filed against defendant Chapter 13 debtor in a New Mexico court were nondischargeable under 11 U.S.C.S. § 1328(a)(4), and an order granting relief from the automatic stay so she could proceed with an action that was filed in state court. The victim filed a motion for summary judgment.
Ruling: 
Relief from stay granted to allow sexual assault victim to pursue civil case against debtor who pled guilty to criminal charges.
ABI Membership is required to access the full summary of Dorris v. Chacon (In re Chacon). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 01,2010, LexisNexis #1110-064

In re Ezzell

Chapter 13 debtors paid a newly-acquired lawsuit settlement to the 13 trustee then filed a motion to disburse to require the trustee to pay creditors the remaining amounts due under the plan, and to pay the debtors a refund after paying creditors all that was due under the confirmed plan. The trustee objected under 11 U.S.C.S. § 1325(b)(4)(B). An unsecured creditor also objected and filed motion to modify the plan under 11 U.S.C.S. §§ 1328, 1329.
Ruling: 
Trustee could be required to disburse more than called for under plan, and refund to debtors, out of lawsuit settlement proceeds.
ABI Membership is required to access the full summary of In re Ezzell. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 09,2010, LexisNexis #0510-101

Pages

Subscribe to § 1328(a)