In re Cotnoir
Feb
23
2010
Ruling
Court lacked power to vacate discharge after more than one year to allow debtor to enter into reaffirmation agreement.
Procedural posture
The debtors filed a motion to reopen their closed chapter 7 case, in order to enter into a reaffirmation agreement with a creditor mortgage lender nunc pro tunc to a date prior to the entry of the discharge.
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Court
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In re Farooq
Jan
29
2010
Ruling
Plan confirmation denied due to failure to satisfy good faith or projected disposable income requirements.
Procedural posture
A standing chapter 13 trustee and a creditor objected to confirmation of an amended plan filed by the debtors on the grounds, inter alia, that the plan improperly attempted to bifurcate the creditor's claim into secured and unsecured components and did not clearly state how the secured claims were to be paid.
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Court
:
- 11 U.S.C.
In re Green
Jan
27
2010
Ruling
Plan providing for payment of only 21 percent of equitable distribution order not confirmed on grounds of bad faith.
Procedural posture
Before the court was the objection of debtor's former spouse to confirmation of a plan that provided no more than a 21 percent payment of the equitable distribution award made to her in the parties' divorce case. A hearing was held on December 9, 2009, at which the debtor and the creditor were each present in person and were represented by counsel. The chapter 13 trustee was also present but took no position.
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Court
:
- 11 U.S.C.
In re Sosa
Jan
21
2010
Ruling
Confirmation denied where plan did not give county agency sufficient notice of treatment of child support arrearage.
Procedural posture
Bankruptcy debtors proposed a plan which provided for minimal payments for a substantial child support arrearage being collected by a county agency. The bankruptcy trustee objected to confirmation of the plan.
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Court
:
- 11 U.S.C.
In re Edwards
Jan
20
2010
Ruling
Child support arrearage was subordinated due to assignment but plan confirmation was denied due to lack of meaningful notice to asignee.
Procedural posture
Bankruptcy debtors proposed a chapter 13 plan which provided for less than full payment of a child support arrearage which was assigned to a state agency. The bankruptcy trustee objected to confirmation of the debtor's plan.
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Court
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Tyler v. Ownit Mortg. Loan Trust (In re Carrillo)
Jan
15
2010
Ruling
Motion to avoid deed of trust for defective acknowledgement denied as recorded deed provided sufficient notice to hypothetical lien creditors and bona fide purchasers.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, a bank, a mortgage company, and others, seeking a determination that he was entitled under 11 U.S.C.S. § 544(a) to avoid a deed of trust which chapter 7 debtors gave to a title company two and a half years before they declared bankruptcy. The case was tried to the court.
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Court
:
- 11 U.S.C.
In re Aime
Jan
11
2010
Ruling
Personal property tax liability arising prepetition was excepted from discharge.
Procedural posture
Before the court was the debtor's motion for refund of personal property taxes that she contended were discharged but that she was nevertheless required to pay to the county where she lived in order to remove a hold on registration of her vehicle.
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Court
:
- FRBP
In re Ahmadpour
Jan
08
2010
Ruling
Motion for sanctions in connection with debtor's attempt to amend list of creditors denied where amended list had not been filed.
Procedural posture
Creditor brought a motion for sanctions pursuant to Fed. R. Bankr. P. 9011, a motion to strike the debtor's attempt to amend her list of creditors. The debtor did not actually file the amended list of creditors.
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Court
:
- 11 U.S.C.
In re Caccamise
Dec
22
2009
Ruling
Confirmation denied due to discrimination in favor of credit union against unsecured creditors.
Procedural posture
Before the court were (a) the objection of the standing chapter 13 trustee, to confirmation of debtors' modified plan, and (b) debtors' motion to obtain credit from a credit union. Under the plan, the credit union was separately classified and would have been paid in full on two unsecured claims while other unsecured creditors were compromised at less than 3 cents on the dollar.
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Court
:
In re Capos-Luna
Dec
17
2009
Ruling
Counsel ordered to return fee in case filed on behalf of debtor who had not received required credit counseling.
Procedural posture
Before the court was the motion of the U.S. Trustee to examine the reasonableness of $ 2,000 in fees paid by debtor to his attorney.
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Court
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