In re Roberts
Mar
29
2007
Ruling
Debtor's failure to make car payments due to incarceration was not due to bad faith and was not grounds for denial of confirmation.
Procedural posture
The issue of confirmation of debtor's proposed chapter 13 plan and creditor auto dealer's objection to confirmation on good faith grounds, pursuant to 11 U.S.C. § 1325(a)(3) and (7) was before the court. Debtor also objected to the classification of creditor's $5,136.16 claim.
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Court
:
- 11 U.S.C.
Butler v. United States Bankruptcy Court
Mar
26
2007
Ruling
Dismissal due to debtors'failure to pay filing fee upheld.
Procedural posture
Plaintiff debtors appealed a decision of the bankruptcy court, which dismissed the debtors'chapter 7 bankruptcy petition for failure to timely pay their filing fee under 11 U.S.C. § 707(a)(2) and denied their motion to reinstate the case.
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Court
:
Elite Equip. Inc. v. Cornutt
Mar
19
2007
Ruling
Bankruptcy court erred in requiring creditor to pierce corporate veil in dischargeability proceeding alleging fraud by individual debtor.
Procedural posture
Before the court was an appeal from an order by the Bankruptcy Court for the Northern District of Alabama entering judgment in favor of appellee debtor and against appellant on its complaint in an adversary proceeding.
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Court
:
- FRBP
In re Arnold
Feb
26
2007
Ruling
Trustee permitted to pay late filed secured claim provided there were no objections.
Procedural posture
Creditor, a homeowners'association, filed a motion to allow a late-filed proof of claim. Although no response opposing the motion was filed, nor did any party appear in opposition at the hearing, the court nevertheless had a concern whether a legal basis existed for granting the requested relief, and the court took the motion under advisement.
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Court
:
- FRBP
In re Nwonwu
Feb
23
2007
Ruling
Claims bar date could not be extended but late claim of homeowners' association could be paid absent objection.
Procedural posture
Debtor filed a voluntary petition for adjustment of her debts under chapter 13. After a modified repayment plan was confirmed, creditor homeowners association filed a motion to allow a late-filed secured claim.
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Court
:
- 11 U.S.C.
Chi Chiu v. Barnard (In re Barnard)
Feb
08
2007
Ruling
Stay continued in debtor's fourth case conditioned upon payment of postpetition rent and timely payment of future rents.
Procedural posture
Respondent debtor sought bankruptcy relief under chapter 13. Movant creditor sought relief from the automatic stay order to prosecute an unlawful detainer action for possession of real property that was rented by the debtor.
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Court
:
- 11 U.S.C.
Talley v. Alabama Dept of Public Safety
Jan
30
2007
Ruling
Suspension of driver's license for debtor's ongoing failure to pay fines was excepted from stay as a continuation of prior criminal proceeding.
Procedural posture
Appellant, a chapter 13 debtor, sought review of a decision of the bankruptcy court, which dismissed the debtor's adversary proceeding brought against appellees, the Alabama Department of Public Safety and a state official, alleging that the suspension of the driver's license of the debtor violated the automatic stay imposed by 11 U.S.C. § 362.
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Court
:
- 11 U.S.C.
In re Moon
Jan
26
2007
Ruling
Creditor subject to "hanging paragraph"had no basis to assert unsecured claim after surrender of vehicle.
Procedural posture
The debtor moved to confirm her chapter 13 plan. Creditor filed an objection to confirmation on the grounds that it was not adequately protected by the debtor's proposed plan pursuant to which the debtor proposed to surrender the creditor's collateral, a vehicle, in full satisfaction of the creditor's claim.
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Court
:
- 11 U.S.C.
In re Miller
Jan
18
2007
Ruling
Above median income debtors'disposable income properly calculated using IRS standards and Form B22C.
Procedural posture
Chapter 13 trustee in bankruptcy filed objection to the confirmation of debtors'proposed chapter 13 plan, on the ground that the debtors did not commit all of their projected disposable income to make payments to unsecured creditors as required by 11 U.S.C. § 1325(b)(1)(B). At issue was the proper application of the disposable income test to above median income debtors under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
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Court
:
In re Hackney
Jan
12
2007
Ruling
Debtor could not reopen chapter 11 case that had been dismissed rather than closed.
Procedural posture
Debtor filed a motion to reopen his chapter 11 case pursuant to 11 U.S.C. § 350(b). Creditor, debtor's ex-wife, filed an objection.
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Court
: