Southern District

In re Mulally

The debtors filed for relief under chapter 13 and submitted a proposed chapter 13 plan. A creditor objected to the plan on the basis that it failed to include all of the debtors'projected disposable income, as required by 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Confirmation denied where above-median debtors incorrectly calculated monthly disposable income.
ABI Membership is required to access the full summary of In re Mulally. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 19,2007, LexisNexis #0208-018

Bakst v. Baldwin (In re Baldwin)

Plaintiff chapter 7 trustee filed a complaint against defendants, the debtor's ex-wife, their minor child, and the ex-wife's child, seeking to set aside a postpetition transfer of real and personal property pursuant to 11 U.S.C. 549 and to recover the property pursuant to 11 U.S.C. § 550, seeking damages for a violation of the automatic stay under 11 U.S.C. § 362(k), and seeking to sell real property pursuant to 11 U.S.C. § 363(h).
Ruling: 
Postpetition transfer of residence and personal property to former spouse and children overruled.
ABI Membership is required to access the full summary of Bakst v. Baldwin (In re Baldwin). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 14,2007, LexisNexis #0208-040

In re Hughey

A creditor of an above median income chapter 13 debtor objected to confirmation of the debtor's plan on the basis that it failed to include all of the debtor's projected disposable income as required by 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Above-median debtors' plan payments did not need to be stepped up once car loan was paid off.
ABI Membership is required to access the full summary of In re Hughey. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 14,2007, LexisNexis #0208-056

In re Balsinde

A debtor filed for relief under chapter 13. The debtor filed a renewed motion to value collateral and a creditor filed an objection to the motion. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Portion of hanging paragraph covering valuation of collateral does not apply to motor vehicles.
ABI Membership is required to access the full summary of In re Balsinde. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 29,2007, LexisNexis #0108-083

Cutro v. Leto (In re Leto)

Plaintiff judgment creditor filed a complaint against defendant chapter 7 debtor, objecting to the debtor receiving a discharge under 11 U.S.C. § 727(a)(2)(A) and (a)(5) and objecting to discharge of the judgment debt pursuant to 11 U.S.C. § 523(a)(2).
Ruling: 
Discharge denied due to debtor's transfer of interest in four properties within one year of filing.
ABI Membership is required to access the full summary of Cutro v. Leto (In re Leto). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 15,2007, LexisNexis #1207-084

In re DH4 Inc.

A bankruptcy debtor in possession of leased premises in a shopping center assigned the lease to an assignee with the approval of the bankruptcy court and over the objection of the landlord. The assignee subsequently defaulted under the lease, and the debtor objected to the landlord's claim for unpaid rent and other costs.
Ruling: 
Debtor was not liable for default by assignee under bankruptcy court approved lease assignment.
ABI Membership is required to access the full summary of In re DH4 Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 02,2007, LexisNexis #1207-067

In re Alternate Family Care

Debtor corporation filed a petition under chapter 11, and the United States Trustee ("UST") filed a motion seeking appointment of a patient care ombudsman pursuant to 11 U.S.C. § 333(a)(1).
Ruling: 
Court declined to appoint health care ombudsman for debtor serving emotionally disturbed children.
ABI Membership is required to access the full summary of In re Alternate Family Care. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 30,2007, LexisNexis #1207-109

Dzikowski v. Kirshner (In re Kirshner)

Chapter 7 trustee filed a complaint against the debtor, objecting to the discharge of the debtor pursuant to 11 U.S.C. § 727(a)(2), (a)(3) and (a)(5), and objecting to the debtor's claim of exempt property.
Ruling: 
Case dismissed due to debtor's failure to preserve information from which financial situation could be ascertained or explain deficiency of assets.
ABI Membership is required to access the full summary of Dzikowski v. Kirshner (In re Kirshner). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 30,2007, LexisNexis #1207-069

In re Hawkins

A discharged chapter 7 debtor filed a motion against a creditor and the creditor's counsel for contempt and sanctions pursuant to 11 U.S.C. § 524(a) for violating the discharge injunction.
Ruling: 
Creditor who did not pursue claim in bankruptcy violated discharge injunction by seeking constructive trust and lien on debtor's residence.
ABI Membership is required to access the full summary of In re Hawkins. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 30,2007, LexisNexis #1207-134

Patchett v. Marsh (In re Marsh)

Plaintiff creditor filed a complaint objecting to a discharge for defendant debtor and objecting to the dischargeability of a debt. The creditor alleged, in part, that a discharge should be denied pursuant to 11 U.S.C. § 727(a)(2), (3) and (4). The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Debtor's concealment of proprietary interest in optical company resulted in denial of discharge.
ABI Membership is required to access the full summary of Patchett v. Marsh (In re Marsh). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 29,2007, LexisNexis #1107-117

Pages

Subscribe to Southern District