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In re Landahl

Mar
02
2006
Ruling
Court ruled that the $125,000 cap on homestead exemptions applied to exemption claims under state law in "opt-out"states such as Florida.
Procedural posture

The debtor petitioned for bankruptcy relief under chapter 7, and claimed an exemption for his homestead under Florida law. The chapter 7 trustee objected to the exemption to the extent that it exceeded the $125,000 amount allowed by 11 U.S.C. § 522(p). The debtor filed a motion for summary judgment.

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opinion summary, case decided on March 02, 2006 , LexisNexis #0306-111
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In re Litestream Techs. LLC

Feb
17
2006
Ruling
Court determined that the valuation of the county's tax assessment was not in error.
Procedural posture

The liquidating trustee for the estate and the purchaser of certain assets of the debtor challenged a county's claim for tangible personal property taxes. The instant case was a contested matter under 11 U.S.C. § 505(a) to determine the amount of the county's tax claim. The objecting parties argued that the underlying assessment exceeded "just valuation."

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opinion summary, case decided on February 17, 2006 , LexisNexis #0306-083
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New Buffalo Sav. Bank v. McClung (In re McClung)

Dec
06
2005
Ruling
Creditor's claim was not excepted from discharge since the creditor did not establish willful and malicious injury by the debtor.
Procedural posture

Defendant debtor filed for bankruptcy relief under chapter 7. Plaintiff bank filed a proceeding to obtain a ruling that its unsecured claim exceeding $617,000 was excepted from discharge because of a willful and malicious injury to the bank, as contemplated by 11 U.S.C. § 523(a)(6). The debtor sought dismissal of the proceeding.

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opinion summary, case decided on December 06, 2005 , LexisNexis #0106-016
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In re Davenport

Dec
06
2005
Ruling
Debtor was not excused from prepetition credit counseling requirement despite exigent circumstances because the debtor failed to make a prefiling request for counseling.
Procedural posture

The debtor filed a motion to be excused from complying with the prepetition credit counseling requirement of 11 U.S.C. § 109(h), alleging only that certain "exigent circumstances" — the imminent repossession of the debtor's truck — made prepetition credit counseling "meaningless." Two days after filing the petition, the debtor did receive the approved credit counseling.

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opinion summary, case decided on December 06, 2005 , LexisNexis #0106-037
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In re Lezdey

Oct
18
2005
Ruling
Debtors'cases were dismissed since their plans offered illusory promises of payment and were filed to delay the creditor.
Procedural posture

The debtors filed petitions for chapter 11 bankruptcy. The creditor filed a motion to dismiss under 11 U.S.C. § 1112.

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opinion summary, case decided on October 18, 2005 , LexisNexis #0106-067
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In re Meyn

Sep
12
2005
Ruling
Abuse of chapter 7 was found where the debtor inflated expenses, failed to disclose certain interests and prepetition expenditures, and had sufficient disposable income for a meaningful chapter 13 plan.
Procedural posture

Movant trustee sought to dismiss the chapter 7 case of respondent debtor pursuant to 11 U.S.C. § 707(b) or alternatively to dismiss the debtor's case under section 707(a) for "cause." The debtor's chapter 13 case had been previously dismissed for failure to confirm a plan.

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opinion summary, case decided on September 12, 2005 , LexisNexis #0106-098
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