Judge Robinson

In re Kirk

The court announced that it would confirm the debtors' third amended plan only if it were modified to provide for payments to a purchase-money auto lender in equal monthly installments without being delayed in deference to payment of administrative expenses, and in particular attorney's fees. Counsel for the debtors objected and asked the court to confirm the plan without requiring any change in the timing and application of plan payments.
Ruling: 
Plan proposing to pay administration and attorneys' fees before paying creditors could not be confirmed.
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Consumer case opionion summary, case decided on January 23,2012, LexisNexis #0212-136

In re McDaniel

A creditor filed an objection to a chapter 7 debtor's claim of homestead exemption under Alabama law based solely on 11 U.S.C.S. § 522(g).
Ruling: 
Creditor lacked standing to object to homestead exemption under §522(g).
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Consumer case opionion summary, case decided on January 20,2012, LexisNexis #0212-118

In re Kirk

Chapter 13 debtors' plan did not comply with 11 U.S.C.S. §§ 1325(a)(3), (5)(B)(iii)(I), 1326(a)(1)(C), because it would pay attorney's fees and filing fees in full before any payments to creditors. The Court announced it would confirm the plan only if it modified to provide for payments to a purchase-money auto lender in equal monthly installments without being delayed. Counsel for the debtors objected and for confirmation without amendment.
Ruling: 
Plan proposing to pay attorneys' and filing fees before paying creditors could not be confirmed.
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Consumer case opionion summary, case decided on December 21,2011, LexisNexis #0212-066

In re Kerley

Chapter 11 individual debtors sought to have their cases, which contemplated payments to creditors over time from post-confirmation earnings, administratively closed for the purpose of avoiding the payment of quarterly fees to the Bankruptcy Administrator under 28 U.S.C.S. § 1930(a) as well as voiding further monthly operating reports.
Ruling: 
Administrative closing of case to prevent accrual of quarterly fees denied.
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Consumer case opionion summary, case decided on November 04,2011, LexisNexis #1211-004

In re Beasley

The court held a hearing on whether to confirm the debtors' Chapter 13 plan. Both the debtors and the Chapter 13 trustee submitted briefs in support of confirmation.
Ruling: 
Confirmation denied and case dismissed due to lack of good faith by debtors two prior chapter 7 discharges.
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Consumer case opionion summary, case decided on September 27,2011, LexisNexis #1111-132

Smith v. Smith (In re Smith)

A discharged chapter 7 debtor sought a declaration that unpaid interest on his child-support obligation was discharged in his chapter 7 bankruptcy case, and in particular that such interest was not excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(5). Co-defendant, State of Alabama, Department of Human Resources (DHR), a state agency that collected delinquent child-support obligations, filed a motion for summary judgment.
Ruling: 
Postpetition interest on child support debt was nondischargeable.
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Consumer case opionion summary, case decided on August 23,2011, LexisNexis #0911-104

In re Hicks

Chapter 13 trustee objected to confirmation of debtors' plan and filed a motion to dismiss the debtors' bankruptcy case. At the end of the confirmation hearing, the debtors' counsel informed the court that, if the trustee's motion was granted, the debtors intended to appeal. Counsel made an oral motion on the record for the court to stay its order pending appeal.
Ruling: 
Case dismissed where nonconfirmable plan was not proposed in good faith.
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Consumer case opionion summary, case decided on June 15,2011, LexisNexis #0711-136

Carleton v. Carleton (In re Carleton)

Plaintiff sought a judgment declaring that defendant's claim for a divorce- related property settlement against plaintiff's deceased husband (debtor) was discharged in the debtor's chapter 7 bankruptcy case. Although not formally designated as such, the court treated the parties' briefs and submissions as motions for summary judgment made pursuant to Fed. R. Bankr. P. 7056.
Ruling: 
Former spouse's claim for division of property was discharged due to failure to file adversary proceeding to except claim from discharge.
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Consumer case opionion summary, case decided on April 25,2011, LexisNexis #0511-105

Community Credit Union v. Hammontree (In re Hammontree)

Plaintiff creditors each filed adversary proceedings against defendant Chapter 7 debtor alleging that the debtor should be denied a discharge under 11 U.S.C.S. § 727(a). The complaints were consolidated for trial.
Ruling: 
Discharge denied due to failure to keep adequate records and transfer of S-corp's business and assets for debtor's personal gain.
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Consumer case opionion summary, case decided on March 11,2011, LexisNexis #0411-063

Kostyshyn v. Joseph (In re Kostyshyn)

Debtor, a serial filer, sought review of the dismissal of his most recent petition. The petition was filed despite a two-year filing ban.
Ruling: 
Case of serial filer who was in violation of two-year filing ban and showed no desire to satisfy debts was properly ordered dismissed.
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Consumer case opionion summary, case decided on March 01,2011, LexisNexis #0411-092

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