In re Curcio
Apr
22
2008
Ruling
Funds deposited in joint account for sole benefit of debtor's companion were not income so that debtor fell below mean income.
Procedural posture
The moving parties, creditors of the debtor who held a personal injury claim against the debtor after a car accident, filed a motion to dismiss the case for abuse pursuant to 11 U.S.C.S. § 707(b)(1), asserting that a $14,000 check deposited in an account jointly titled with the debtor should have been included in the debtor's current monthly income (CMI) calculation.
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Court
:
- 11 U.S.C.
Eglin Fed. Credit Union v. Horlacher (In re Horlacher)
Mar
07
2008
Ruling
Debt owed to inadvertently omitted creditor held dischargeable on reconsideration.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code but failed to list a credit union as a creditor. The credit union filed an adversary proceeding against the debtors, claiming that a debt the debtors owed was nondischargeable under 11 U.S.C.S. § 523(a)(3)(A), the court found that the debt was nondischargeable. The debtors filed a motion for reconsideration of the court's judgment.
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Court
:
- 11 U.S.C.
Venn v. Reinhard (In re Reinhard)
Oct
16
2007
Ruling
Transfer of homestead interest from one property to another in the same state did not trigger limit.
Procedural posture
Plaintiff trustee filed an action against defendants, a debtor and his spouse, alleging that the debtor's exemption in his homestead real property was limited to $125,000, pursuant to 11 U.S.C. § 522(p), after the debtor claimed a homestead exemption under Fla. Const. art. X, § 4(c). The debtor filed a motion for partial summary judgment.
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Court
:
In re Welsh
Jun
27
2007
Ruling
Relief from credit counseling requirement denied absent exigent circumstances or inability to obtain counseling within five days of filing.
Procedural posture
Chapter 13 debtor filed a motion to set aside the requirements of 11 U.S.C. § 109(h) to obtain budget and credit counseling.
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Court
:
- 11 U.S.C.
Dees v. United States (In re Dees)
May
31
2007
Ruling
Court abstained from determination of dischargeability of debtor's tax liability in no-asset case.
Procedural posture
Defendant Government filed a motion for the court to abstain pursuant to 11 U.S.C. § 505(a)(1) in an adversary proceeding to determine the dischargeability of plaintiff debtors'potential tax liability under 11 U.S.C. §§ 523(a)(1) and 507(a)(8).
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Court
:
- 11 U.S.C.
In re John
Oct
04
2006
Ruling
Turnover ordered of property scheduled in chapter 13 petition and remaining in estate on date of conversion to chapter 7.
Procedural posture
Following debtors'voluntarily conversion of their chapter 13 case to chapter 7, the newly-appointed chapter 7 trustee filed a Motion to Compel Turnover of Personal Property of debtors.
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Court
:
- 11 U.S.C.
In re Covert
Sep
29
2006
Ruling
Motion to extend stay filed on 30th day after petition date denied as untimely.
Procedural posture
A debtor filed a motion to extend the automatic stay under 11 U.S.C. § 362(a) as to all creditors.
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Court
:
- 11 U.S.C.
In re Cain
Aug
02
2006
Ruling
Co-debtor stay did not apply to creditor's efforts to collect balance of debt from husband since debtor was no longer liable to creditor for that additional amount on confirmation of plan.
Procedural posture
A creditor filed a motion for relief from a co-debtor stay under 11 U.S.C. § 1301(a) in a debtor's chapter 13 bankruptcy proceeding.
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Court
:
In re University Center Hotel Inc.
Jul
05
2006
Ruling
Posting of supersedeas bond sufficient to make creditor whole made superpriority status for claim unnecessary.
Procedural posture
A creditor filed an application, pursuant to 11 U.S.C. § 507(b), for superpriority treatment of its general administrative expense claim against a bankruptcy debtor based on a failure of adequate protection.
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Court
:
- 11 U.S.C.
In re Underwood
May
24
2006
Ruling
Debtor could only claim federal exemptions since debtor could only claim state exemptions for a state of residence for which debtor had resided two or more years prior to filing.
Procedural posture
The case came on for hearing on the chapter 7 trustee's objection to debtor's claimed exemptions.
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Court
: