Southern District

In re Broadus

The IRS filed a motion to reconsider a chapter 13 debtor's discharge, requesting that its secured claim and lien survive the discharge order and that it be granted relief from the discharge order due to the debtor's failure to pay the interest due on the tax claim.
Ruling: 
Interest rate and amount did not have to be included in proof of claim for debtor to be liable.
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Consumer case opionion summary, case decided on January 07,2009, LexisNexis #0209-097

In re Borders

A debtor filed for relief under chapter 7 of the Bankruptcy Code, and the matter was converted to a chapter 13 proceeding. The debtor submitted a proposed plan for confirmation. The trustee objected to the plan, pursuant to 11 U.S.C.S. § 1325(b)(4)(A), based on the proposed commitment period.
Ruling: 
Below median debtor properly calculated income and could propose plan with three-year commitment period.
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Consumer case opionion summary, case decided on April 30,2008, LexisNexis #0808-085

In re Arnold

Chapter 13 trustee objected to the debtors'three-year, zero percent plan.
Ruling: 
Form 22C, allowing deduction of business expenses in determining "cuurent income" is erroneous.
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Commercial case opionion summary, case decided on July 03,2007, LexisNexis #1107-092

In re Crews

The debtors, a husband and wife, moved for the turnover to them of postpetition chapter 13 funds they earned, following the conversion of the husband's case to a chapter 7, and the dismissal of the wife's case. The issue was whether postpetition wages paid into a chapter 13 case, in which a plan was never confirmed, remained property of the debtor's estate under 11 U.S.C. § 1306, or became property of the debtors under 11 U.S.C. § 348(f).
Ruling: 
Postpetition wages paid to chapter 13 trustee in case where plan was never confirmed became property of the debtors.
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In re Milligan

Bankruptcy debtors'vehicle was involved in an accident and deemed a total loss by the debtors'insurer, and the bankruptcy trustee received the insurance proceeds. A creditor allegedly secured by the vehicle requested the proceeds from the trustee, but the creditor did not request relief from the court, and the trustee moved for a determination of secured status and for a surcharge for administration under 11 U.S.C. § 506(c).
Ruling: 
Trustee was entitled to surcharge against creditor's interest in debtor's insurance proceeds as creditor had not requested timely relief from bankruptcy court.
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Thomas v. Bayou Concrete LLC

Defendants, a company and three persons, asserted that pro se individual's American with Disabilities Act claims against them had to be dismissed because the individual failed to list the present case as a potential asset in his chapter 7 bankruptcy case, which had been discharged.
Ruling: 
Amercians With Disabilities Act action dismissed due to discharged debtor's failure to schedule claim.
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Bentley v. Nissan Motor Acceptance Corp. (In re Bentley)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor for violating the automatic stay by postpetition repossession of the debtor's vehicle. In the debtor's main case, the debtor also objected to the creditor's amended proof of claim, and the creditor moved for relief from the stay. The bankruptcy court conducted a trial addressing all of these matters.
Ruling: 
Creditor's knowing repossession of debtor's vehicle was a willfull violation of stay.
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