- 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
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- 11 U.S.C.
Davis v. Davis (In re Davis)
Dec
18
2007
Ruling
Nonpriority claim arising from divorce decree was nondischargeable.
Procedural posture
Plaintiff debtor filed for bankruptcy relief under chapter 13, which was converted to a proceeding under chapter 7. The debtor received a discharge. The debtor filed an adversary proceeding against defendant former wife, contending that two obligations owed to the wife pursuant to a divorce decree were dischargeable. The wife filed a motion for summary judgment.
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Court
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- 11 U.S.C.
In re Tuck
Dec
10
2007
Ruling
Disapproval of reaffirmation agreement had no impact on stay.
Procedural posture
A debtor filed for relief under chapter 13. The debtor filed an objection to a deficiency claim of $16,167 filed by a creditor, which allegedly arose after the debtor surrendered his vehicle.
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Court
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- 11 U.S.C.
In re Dorsey Trailer Co.
Nov
20
2007
Ruling
Plan did not violate absolute priority rule where no payments were to be made to claims junior to unsecured claims.
Procedural posture
A debtor's chapter 11 case came before the court for confirmation of its amended plan of liquidation. A creditor objected, asserting that the plan violated the absolute priority rule of 11 U.S.C. § 1129(b)(2)(B) and that it violated the good faith clause in a settlement agreement between the creditor and a creditor bank.
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Court
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- 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
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- 11 U.S.C.
In re Clark
Aug
29
2007
Ruling
Trustee subject to removal for attempting to grant 90 percent of value of fraudulent conveyance claim to creditor.
Procedural posture
The chapter 7 trustee along with a creditor filed an emergency joint motion to approve a compromise. The compromise proposed to allow the creditor to prosecute a fraudulent conveyance suit and to receive certain percentages of the amount recovered based on how much would be recovered.
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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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