Feb
12
2013
In re Larson
A chapter 13 debtor objected to a proof of claim filed by an attorney who represented him in a proceeding to modify conservatorship of the minor children of the debtor and his ex-wife (modification proceeding). The attorney alleged that her debt was a domestic support obligation under 11 U.S.C.S. § 101(14A) and that it was a priority claim under 11 U.S.C.S. § 507(a)(1)(A) or (a)(1)(B).
Ruling:
Claim for fees of debtor's attorneys in conservatorship proceeding was not a domestic support order but a general unsecured claim.
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Consumer case opionion summary, case decided on February 12,2013, LexisNexis #0313-012
Jan
31
2013
In re Molina
A state tax agency filed a proof of claim for bankruptcy debtors' unpaid taxes as an unsecured priority claim, and the debtors objected to the claim to the extent that it was asserted as a priority claim.
Ruling:
Unsecured non-federal tax claim was not entitled to priority status.
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Consumer case opionion summary, case decided on January 31,2013, LexisNexis #0313-013
Jan
30
2013
Winters v. Shulman (In re Winters)
In his motion for partial summary judgment, trustee sought, in part, the following: A declaratory judgment that any claim of the Internal Revenue Service (IRS) (defendant was the United States) for the tax year 2004 was a non-priority unsecured claim. The IRS, in part, sought summary judgment as to the following: The claim of $226,142 for tax year 2004 was a priority claim pursuant to 11 U.S.C.S. § 507(a)(8) and was non-dischargeable.
Ruling:
IRS claim that was tolled by filing of petition with U.S. Tax Court was entitled to priority and was nondischargeable.
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Consumer case opionion summary, case decided on January 30,2013, LexisNexis #0213-079
Jan
25
2013
In re Fitch
This matter came before the court on the chapter 13 debtor husband's objection to the claim of his ex-wife. The ex-wife filed a proof of claim for a domestic support obligation (DSO) in the amount of $55,280, contending that such claim was entitled to priority status pursuant to 11 U.S.C.S. § 507(a)(1).
Ruling:
"Maintenance" payments awarded to debtor's former spouse due to debtor's "financial irresponsibility" was a nondischargeable domestic support obligation entitled to priority.
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Consumer case opionion summary, case decided on January 25,2013, LexisNexis #0213-078
Jan
16
2013
In re Diaz
Claimant, a state tax agency, and the chapter 13 trustee cross-moved for summary judgment on the trustee's objection to the agency's late filing of an $18,368 proof of claim (POC) for taxes, $2,094 of which was claimed to have priority per 11 U.S.C.S. § 507(a)(8), which POC was filed only after the court confirmed debtors' chapter 13 plan. At issue was whether the late filing of the claim was properly permitted under Fed. R. Bankr. P. 9006(b)(1).
Ruling:
Late proof of claim by state tax agency disallowed except for portion entitled to priority, which was nondischargeable.
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Consumer case opionion summary, case decided on January 16,2013, LexisNexis #0213-050
Dec
21
2012
Lastra v. United States (In re Lastra)
Plaintiff debtor filed an action against defendant United States (IRS) to determine if the debtor's 2007 income taxes were discharged. The parties filed cross motions for summary judgment.
Ruling:
Equitable tolling applied to collection due process hearing on debtor's taxes, preventing discharge.
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Consumer case opionion summary, case decided on December 21,2012, LexisNexis #0113-046
Dec
12
2012
In re Baker
A chapter 13 debtor filed an objection to a creditor's claim, asserting that it was not a domestic support obligation entitled to first priority status under 11 U.S.C.S. § 507(a)(1)(A). The creditor, his ex-wife, objected to confirmation of the debtor's plan.
Ruling:
Portion of debtor's home equity loan obligation to former spouse owed pursuant to divorce and due prior to petition date was a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on December 12,2012, LexisNexis #0113-013
Nov
16
2012
In re Elkin
An attorney representing the mother of a bankruptcy debtor's child in a child custody dispute between the debtor and the mother filed a proof of claim for attorney fees awarded to the attorney in the custody litigation as a domestic support obligation entitled to priority as an administrative claim under 11 U.S.C.S. § 507(a)(1). The debtor objected to allowance of the claim.
Ruling:
Attorneys' fees incurred in child custody litigation were entitled to administrative expense priority.
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Consumer case opionion summary, case decided on November 16,2012, LexisNexis #1212-046
Nov
09
2012
In re Drengacz
A chapter 13 debtor objected to the amount and priority status of his ex- wife's proof of claim. The ex-wife asserted that a portion of the claim should be given priority status under 11 U.S.C.S. § 507(a)(1) as a past-due domestic support obligation.
Ruling:
Claim of debtor's former spouse entitled to priority status only to the extent in the nature of support.
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Consumer case opionion summary, case decided on November 09,2012, LexisNexis #1212-010
Nov
08
2012
In re Hernandez
The Nebraska Department of Health and Human Services (NDHHS) objected to confirmation of a debtor's amended chapter 13 plan on the grounds that it did not account for its claim, which it characterized as a domestic support obligation under 11 U.S.C.S. § 101(14A) entitled to priority under 11 U.S.C.S. § 507(a)(1)(B).
Ruling:
Confirmation denied due to failure to account for domestic support obligation owed to state department of health and human services.
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Consumer case opionion summary, case decided on November 08,2012, LexisNexis #1212-011