Judge Dalis

Foreman v. J. Walter Constr. Co. (In re Foreman)

The chapter 13 debtor moved to amend the schedules in her case to reflect her interest in a wrongful death claim as to her deceased husband that arose post-confirmation. The objecting parties were defendants in the wrongful death suit. The debtor contended the claim was not property of her estate under 11 U.S.C. §§ 1306(a) and 1327(b), but moved to amend her schedules and identify the asset only in case disclosure was necessary.
Ruling: 
Postpetition postconfirmation wrongful death claim was not estate property and did not require amendment to schedules.
ABI Membership is required to access the full summary of Foreman v. J. Walter Constr. Co. (In re Foreman). 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 26,2007, LexisNexis #0108-034

McKinnon v. Prime South Bank (In re McKinnon)

The debtor moved for the extension of the automatic stay beyond the 30th day following the filing of his chapter 11 case, pursuant to 11 U.S.C. § 362(c)(3)(B). The issue was whether that section applied to the debtor, whose prior case was dismissed in the twelve month period immediately preceding the filing of the current case, was a chapter 12 case, and whether debtor could show that the current chapter 11 case was filed in good faith.
Ruling: 
Automatic stay continued in debtor's chapter 13 case filed within one year of dismissal of chapter 12 case due to demonstrable good faith.
ABI Membership is required to access the full summary of McKinnon v. Prime South Bank (In re McKinnon). 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 September 24,2007, LexisNexis #0108-004

Royals v. Massey (In re Denton)

Movant counsel for a bankruptcy debtor asserted that the bankruptcy trustee made errors in disbursing money under a bankruptcy debtor's chapter 13 plan, which resulted in a shortfall of money available to pay counsel's fees under the plan. Counsel moved to hold the debtor in contempt.
Ruling: 
Trustee was not liable for overpayments to secured creditors.
ABI Membership is required to access the full summary of Royals v. Massey (In re Denton). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Edwards v. Turner (In re Edwards)

Movant debtor filed a motion for an order determining that she was in compliance with the means test filing requirement of 11 U.S.C. § 521 and directing the entry of a discharge.
Ruling: 
Below-median debtor not required to file additional Form B22A upon conversion to chapter 7 where Form B22C had been filed in original chapter 13 case.
ABI Membership is required to access the full summary of Edwards v. Turner (In re Edwards). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

eCast Settlement Corp. v. Campbell (In re Campbell)

A debtor filed a petition under chapter 13 and a plan for repaying his creditors, and a creditor filed an objection to confirmation of the plan, claiming that the plan could not be confirmed under 11 U.S.C. § 1325(a)(1) and (b) because the debtor had not complied with applicable provisions of the Bankruptcy Code and had failed to apply all projected disposable income to payments to unsecured creditors.
Ruling: 
Debtor who lived with mother required to revise Form B22C to include her household contributions to current monthly income.
ABI Membership is required to access the full summary of eCast Settlement Corp. v. Campbell (In re Campbell). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Batten v. Cardwell (In re Batten)

Pursuant to Fed. R. Bankr. P. 1009(a), movant debtors sought to amend the schedules in their chapter 7 case to reflect a tort claim that arose in the same month that they received a discharge.
Ruling: 
Post-confirmation, post-conversion tort claim was not property of the estate.
ABI Membership is required to access the full summary of Batten v. Cardwell (In re Batten). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Baxter v. Johnson (In re Johnson)

Movant chapter 13 trustee objected to the confirmation of two chapter 13 cases. Respondents were debtors in each of the cases. In addition, movant creditor objected to the plan filed by debtors in one of the cases for substantially similar reasons.
Ruling: 
Objections to confirmation were sustained and cases were continued for debtors to modify their chapter 13 plans.
ABI Membership is required to access the full summary of Baxter v. Johnson (In re Johnson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Whitaker v. Baxter (In re Whitaker)

Debtors who filed a second chapter 13 petition within a one year period moved to reinstate the automatic stay of pursuant to 11 U.S.C. § 362(c)(3)(B) or (c)(4)(B) as amended following the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The bankruptcy court considered whether such relief was available, or whether the application of 11 U.S.C. § 105(a) relief was warranted.
Ruling: 
Court reinstated automatic stay for second filing based on its equitable powers to prevent abuse of process since debtors had acted in good faith and creditors had not objected to stay reinstatement.
ABI Membership is required to access the full summary of Whitaker v. Baxter (In re Whitaker). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Baxter v. Lewis (In re Lewis)

Movant trustee sought dismissal of the petitions filed by respondent debtors, under chapter 13, based solely on 11 U.S.C. § 1328(f). The trustees contended that because the debtors were not eligible to receive a discharge upon the completion of any confirmed plan, the debtors were ineligible for chapter 13 relief.
Ruling: 
Motion to dismiss the debtors'chapter 13 cases was denied since debtors qualified for plan confirmation and their inability to receive a discharge of their cases under section 1328(f)(1) did not establish a bad faith filing.
ABI Membership is required to access the full summary of Baxter v. Lewis (In re Lewis). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

DaimlerChrysler Fin. Serv. Ams. LLC v. Brown (In re Brown)

Three debtors purchased vehicles for personal use within 910 days before filing a chapter 13 bankruptcy petition. Creditors filed objections to confirmation based on 11 U.S.C. § 1325 contending that they, as secured creditors, must be paid the present value of their claims and that the debtors'plan did not comply.
Ruling: 
Debtors were directed to modify their plans since the creditors'claims on debtors'personal vehicles were deemed allowed secured claims to be paid at their present value.
ABI Membership is required to access the full summary of DaimlerChrysler Fin. Serv. Ams. LLC v. Brown (In re Brown). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Judge Dalis