- 11 U.S.C.
In re Heideker
Jun
02
2011
Ruling
Debtor could not shorten term of plan below applicable commitment period without paying all unsecured claims in full.
Procedural posture
Chapter 13 debtors moved to modify their confirmed plans under 11 U.S.C.S. § 1329 to reduce the duration of their plans below the applicable commitment period. The chapter 13 Trustee objected to the proposed modifications.
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Court
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- 11 U.S.C.
In re Rice
Dec
23
2010
Ruling
Chapter 13 trustee not entitled to full amount of tax refunds received by debtors and non- debtor spouses.
Procedural posture
In two bankruptcy cases, the Chapter 13 sought entitlement to the full amount of the refunds pursuant to the confirmation order that was entered in each case. In Case No. 09- 8310, debtor filed a Motion to Modify Confirmed Chapter 13 Plan. In Case No. 09-8888, the Chapter 13 Trustee filed a Motion to Dismiss for Failure to Comply with Order Confirming Plan.
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Court
:
- 11 U.S.C.
In re Jozil
Oct
01
2010
Ruling
Confirmation granted over trustee's objection as meeting best interests of creditors test
Procedural posture
Before the court for confirmation consideration was debtors' Chapter 13 Plan and the Chapter 13 Trustee's Objection to Confirmation.
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Court
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In re Kenney
May
11
2007
Ruling
Creditors could not claim deficiency in vehicle surrendered by debtor under hanging paragraph.
Procedural posture
Creditors objected to the confirmation of each of two chapter 13 debtors'plans, on the basis that the "hanging paragraph" at the end of 11 U.S.C. § 1325(a) did not permit the debtors to surrender their vehicles to the creditors in full satisfaction of the amounts owed to the creditors, even though the debtors owed more money than the vehicles were worth.
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Court
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In re Griffiths
May
03
2007
Ruling
Surrender of vehicle allowed in full satisfaction of secured claim where creditor failed to file timely objection to confirmation.
Procedural posture
A debtor listed in his chapter 13 plan a debt owed to a creditor and stated in the plan that he was going to surrender the collateral in full satisfaction of the debt. The creditor filed a claim for the deficiency, and the debtor objected to that claim.
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Court
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In re Lorenz
Apr
19
2007
Ruling
Hanging paragraph barred bifurcation of claim where vehicle used for business purposes had been purchased with intent to meet personal needs.
Procedural posture
Creditor filed an objection to confirmation of debtor's chapter 13 plan, objecting to the bifurcation of its claim and alleging that it should be paid as fully secured pursuant to the "hanging paragraph"at the end of 11 U.S.C. § 1325(a).
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Court
:
- 11 U.S.C.
Harkins v. Educ. Credit Mgmt. Corp. (In re Harkins)
Apr
27
2006
Ruling
Court granted debtor partial discharge of student loan debt in reopened case due to undue hardship.
Procedural posture
Plaintiff debtor filed for chapter 7 relief and received a discharge. Four years later, the debtor moved to reopen her case, seeking a discharge of her student loan debt pursuant to 11 U.S.C. § 523(a)(8)(B). Defendant creditor objected. The court had taken the matter under advisement.
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Court
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In re West
Apr
14
2006
Ruling
Postpetition insurance policy proceeds were deemed not estate property, and creditor was ordered to turn over vehicle title to debtors on satisfaction of secured debt.
Procedural posture
Creditor held a security interest in the debtors'vehicle which had been declared a total loss following an accident. Insurance proceeds were paid to the chapter 13 trustee. The trustee made a partial distribution of the proceeds to the creditor. The trustee then filed a motion for turnover of title to the vehicle. The creditor maintained that, as the loss payee, it was entitled to distribution of the full amount of the insurance payment.
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Court
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In re Yeatts Contract of Va. Inc.
Apr
12
2006
Ruling
Creditors were granted attorneys'fees and costs award for services that benefitted estate but were not granted fees related to motions for relief from stay.
Procedural posture
Pursuant to 11 U.S.C. § 503(b)(3)(A) and (b)(4), petitioner creditors sought an award of attorneys'fees and costs for filing the involuntary chapter 7 bankruptcy petition against the debtor. Respondent debtor's principal and trustee opposed the award of attorneys'fees.
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Court
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