- 11 U.S.C.
Lyons v. Sandifur (In re Metropolitan Mortg. & Secs. Co.)
Apr
11
2008
Ruling
Trustee of trust dismissed due to receipt of unlawful dividend payments.
Procedural posture
Plaintiff, the plan administrator and trustee of the creditors' trust, the successor-in-interest to the debtor, filed an adversary proceeding asserting a claim for avoidance and recovery of avoidable transfers under 11 U.S.C.S. § 548 and recovery of unlawful dividend payments under Wash. Rev. Code § 23B.06.400 and 11 U.S.C.S. § 108. Defendant, both the trustee of a trust and a shareholder and director of the debtor, moved to dismiss the claims.
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Court
:
- 11 U.S.C.
In re Magwood
Feb
22
2008
Ruling
Seller's right to reclaim vehicle was stayed on petition date.
Procedural posture
Creditor filed a motion for relief from the automatic stay to exercise its right under 11 U.S.C.S. § 546(c)(1) to reclaim a vehicle sold to the debtor. The debtor objected to the motion. The issue was whether a sale must have been in the ordinary course of business of both the buyer and seller to give the seller a right of reclamation.
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Court
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Branigan v. Bateman (In re Bateman)
Feb
04
2008
Ruling
Debtor could file second chapter 13 case more than two years after first filing even though not eligible for discharge.
Procedural posture
In a consolidated appeal, appellant chapter 13 trustee appealed the order of the District Court for the District of Maryland affirming both the bankruptcy court's denial of his motion to dismiss the chapter 13 petition of a single debtor and its confirmation of his chapter 13 plan and the bankruptcy court's orders denying his motion to dismiss the chapter 13 petition of joint debtors and likewise confirming their chapter 13 plan.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Strickland
Jan
24
2008
Ruling
Vehicle expense dedcution from projected disposable income calculation limited to current acutal costs as of petition date.
Procedural posture
Creditor filed an objection to confirmation of the debtors' proposed chapter 13 plan contending that the debtors had not devoted all of their disposable income to unsecured creditors for the required period. The issue was whether the debtors, in determining their projected disposable income, could deduct the full Internal Revenue Service (IRS) Local Standard allowance for vehicle ownership when their actual costs were less than the allowance.
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Court
:
- 11 U.S.C.
In re Bartolome
Sep
21
2007
Ruling
Claim secured by mobile home that was not real property under state law was not protected from bifurcation.
Procedural posture
A creditor filed an objection to confirmation of debtor's chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Warren
Sep
06
2007
Ruling
Debtor rebutted presumption of projected disposable income as calculated on Form 22C by demonstrating future reduction in income.
Procedural posture
A debtor filed for relief under chapter 13 and submitted a proposed plan. A chapter 13 trustee objected, claiming that the proposed plan did not satisfy the "projected disposable income test" of 11 U.S.C. § 1325(b)(1).
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Court
:
- 11 U.S.C.
In re Baxter
Aug
20
2007
Ruling
Proceeds of postconfirmation cause of action were disposable income warranting modification of plan.
Procedural posture
The movant, the chapter 13 trustee, sought to modify the confirmed plan in debtor's case. The trustee requested that the non-exempt, net proceeds due the debtors from their settlement of a lawsuit be paid under the plan for the benefit of unsecured creditors. The debtors objected to the motion.
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Court
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In re Barrett
Jul
17
2007
Ruling
Anti-bifurcation provision of hanging paragraph allowed debtors to surrender vehicle in full satisfaction of secured debt.
Procedural posture
Debtors filed a petition under chapter 13 and a plan for repaying their creditors. A creditor that held a purchase-money security interest in a vehicle the debtors owned filed an objection to confirmation of the debtors'plan.
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Court
:
- 11 U.S.C.
In re Armstrong
Jun
12
2007
Ruling
Above median debtors could claim deduction on Form B22C for truck owned free and clear of liens.
Procedural posture
After debtors filed an Official Bankr. Form B22C in their chapter 13 case reflecting a $471 expense deduction relating to a truck that they owned free and clear of liens, the trustee objected, contending that debtors were not entitled to the full amount of the "Local Standard" in the Internal Revenue Manual ("IRM") because debtors were not making payments on the truck. At issue was whether 11 U.S.C. § 707(b)(2)(A)(ii)(I) permitted that deduction.
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Court
:
- 11 U.S.C.
In re Yelverton
May
21
2007
Ruling
Secured creditor entitled to interest payments at Till rate.
Procedural posture
The debtors filed for relief under chapter 13 and submitted a proposed plan. The creditor objected to the plan, as amended, because the debtor proposed that the creditor receive the interest rate of 7.2% as provided for in the contract between one of the debtors and the creditor. The creditor sought interest at the prime rate of 8.25% plus a 1% adjustment.
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Court
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