- 11 U.S.C.
IRS v. White (In re White)
Apr
23
2007
Ruling
Plan confirmation reversal upheld due to debtors'failure to surrender all liened property to IRS.
Procedural posture
In their chapter 13 plan, appellant debtors proposed to satisfy a secured claim held by appellee creditor, the IRS, by surrendering part of the property securing a claim to the IRS and by paying the remaining secured value through the plan. A bankruptcy court affirmed the debtors'petition and plan, but the District Court for the Eastern District of North Carolina reversed. The debtors sought review.
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In re Davis
Mar
15
2007
Ruling
Claims by former spouse for payment of second mortgage on home was not based on support order and not entitled to priority status.
Procedural posture
A chapter 13 debtor objected to the 11 U.S.C. § 507(a) priority claim of his former spouse, which arose from the debtor's obligation under their divorce decree to pay a second mortgage on their marital residence.
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Court
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Kreisler v. Goldberg
Feb
26
2007
Ruling
Stay did not apply to bar ejectment action against debtor's non-debtor subsidiary.
Procedural posture
In a chapter 11 proceeding initiated by appellants, corporate debtors, the District Court for the District of Maryland affirmed the bankruptcy court's denial of the debtors'motion for sanctions against appellees, creditors, for alleged violation of the automatic stay, to void ejectment and to turn over property and rents collected. The debtors appealed.
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- 11 U.S.C.
In re McNair
Jan
12
2007
Ruling
Case reinstated upon creditor's consent where debtor's employer withheld plan payments but did not remit funds to chapter 13 trustee.
Procedural posture
The chapter 13 trustee filed a motion to dismiss debtor's case for her failure to make plan payments as required. Debtor filed no response to the motion, and an order dismissing the case was entered. Subsequent to the dismissal of the case, creditor bank repossessed debtor's vehicle. Debtor filed a motion seeking an emergency hearing to reconsider the dismissal of her chapter 13 case.
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Court
:
- 11 U.S.C.
In re Hammett
Jan
11
2007
Ruling
Debtor whose plan proposed paying four percent of unsecured claims could not use disposable income to buy vehicle not necessary to plan completion.
Procedural posture
The debtor filed a motion to incur a debt. The debtor contended his current vehicle was both unreliable and uneconomical. For that reason, the debtor sought authority to borrow money to purchase either a new automobile. Further, the debtor proposed to pay this claim directly instead of through the chapter 13 trustee.
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Court
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Ayes v. United States Dept of Veterans Affairs
Dec
27
2006
Ruling
Veterans'home loan guaranty entitlement could be withheld after discharge.
Procedural posture
Appellant veterans alleged that appellee, the Department of Veterans Affairs ("VA"), violated 11 U.S.C. § 525(a) by refusing to fully restore home loan guaranty entitlements following the veterans'discharges in bankruptcy. The veterans appealed a judgment of the District Court for the Eastern District of North Carolina granting the VA's Fed. R. Civ. P. 12(b)(6) motion to dismiss.
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- 11 U.S.C.
In re Price Oil Inc.
Nov
14
2006
Ruling
Mortgagee creditor was not entitled to claim for interest at default rate where there was no event of default.
Procedural posture
Before the court was the first mortgagee's motion for further payment of proceeds from the sale of realty. The second mortgagee filed an objection to the motion. At issue was the proper interest rate applicable to the first mortgage claim.
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Court
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Espy v. Bozeman (In re Bozeman)
Oct
13
2006
Ruling
Discharge denied to debtor's failure to account for settlement proceeds received seventeen months before filing.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint under 11 U.S.C. § 727(a)(3) and (5), seeking to deny defendant debtor a chapter 7 discharge. The bankruptcy court held a trial.
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Court
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In re Rucker Furniture Gallery Inc.
Oct
11
2006
Ruling
Debtor's attorneys'fees approved despite failure to disclose prior representation of creditor.
Procedural posture
A law firm filed an application for compensation and reimbursement of expenses for legal services provided to the debtor in connection with a chapter 11 case. The bankruptcy administrator filed a response to the request, contending that the fee application should have been denied in toto because of the law firm's failure to disclose that it had previously represented a creditor.
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Court
:
- 11 U.S.C.
In re Gilbert
Oct
06
2006
Ruling
Confirmation denied due to failure to satisfy best interests of creditors test.
Procedural posture
An unsecured creditor filed an objection to confirmation of a chapter 13 plan, contending that the debtor's plan, which provided for the sale of a mobile home and land and payment of any net equity from the sale to unsecured creditors, failed to satisfy the best interest of creditors test set forth in 11 U.S.C. § 1325(a)(4), The court held an evidentiary hearing.
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Court
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