In re Laprade
Aug
09
2007
Ruling
Claim received one day after bar date disallowed on debtor's objection.
Procedural posture
The debtors filed for relief under chapter 13 and the creditor filed a proof of claim in the case. The debtors objected to the claim, pursuant to 11 U.S.C. § 502(b) and Fed. R. Bankr. P. 3002, a hearing was held on the matter.
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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 Waters
Jun
25
2007
Ruling
IRA was exempt from domestic support obligation claims during pendency of case.
Procedural posture
The chapter 7 trustee filed an objection to the debtor's claim of exemption. The trustee contended that the debtor's individual retirement account ("IRA") was not exempt due to the existence of claims for domestic support obligations.
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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
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In re J.S. II LLC
May
30
2007
Ruling
LLC debtor's prepetition counsel approved to continue in that role postpetition in litigation among the LLC's members.
Procedural posture
Chapter 11 debtors filed an application pursuant to 11 U.S.C. § 327(e) and Fed. R. Bankr. P. 2014(a) to employ a law firm as special litigation counsel to represent the debtors in litigation pending in state court.
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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
:
- 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
:
- 11 U.S.C.
Georgia Lottery Corp. v. Sadler (In re Sadler)
Feb
26
2007
Ruling
Debtor's failure to remit lottery proceeds was a breach of fiduciary duties and rendered debt nondischargeable.
Procedural posture
Plaintiff lottery corporation, which had obtained a judgment against defendant debtor in a state court, brought an adversary proceeding against debtor seeking to hold outstanding debts nondischargeable under 11 U.S.C. § 523(a)(4).
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Court
:
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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