Judge Davis

In re Joest

An above-median income debtor filed a petition under chapter 13 and proposed a plan for repaying her creditors. The chapter 13 trustee filed an objection to confirmation of the debtor's plan, pursuant to 11 U.S.C.S. § 1325(b)(1)(B), claiming that it was neither reasonable nor necessary for the debtor, who was single, to claim ownership costs for two vehicles under 11 U.S.C.S. § 1325(b)(3).
Ruling: 
Above-median debtor could claim ownership costs for two vehicles.
ABI Membership is required to access the full summary of In re Joest. 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 March 17,2011, LexisNexis #0511-031

In re Moore

Debtors, a husband and wife, filed a petition under chapter 13 and proposed a plan for repaying their creditors which bifurcated a secured claim that was filed by a mortgage servicing company. The mortgage servicing company filed an objection to the debtors' plan.
Ruling: 
Modification of a secured claim on multi-use property not barred where mortgage covered both debtor's residence and other income producing property.
ABI Membership is required to access the full summary of In re Moore. 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 18,2010, LexisNexis #1210-133

In re King

Debtors filed a petition under chapter 13, and a bank filed a claim against the debtors' bankruptcy estate, seeking repayment of loans it made that were guaranteed by the male debtor. The debtors sought an order under 11 U.S.C.S. § 502(b)(1) and Fed. R. Bankr. P. 3007(a) which disallowed part of the bank's claim.
Ruling: 
Debtor could not require creditor to repossess collateral rather than seek repayment.
ABI Membership is required to access the full summary of In re King. 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 20,2010, LexisNexis #1210-011

Whites Lumber Inc. v. Barksdale (In re Barksdale)

Plaintiff lumber company filed separate adversary proceedings against defendant Chapter 7 debtors, a father and son, seeking a determination that the debtors owed the company debts that were nondischargeable under 11 U.S.C.S. § 523(a)(4). The debtors filed affirmative defenses and counterclaims seeking an award of attorney fees and costs, and the court consolidated the actions and tried both cases together.
Ruling: 
Builders did not owe fiduciary duty to lumber company that extended credit and resulting debt was dischargeable.
ABI Membership is required to access the full summary of Whites Lumber Inc. v. Barksdale (In re Barksdale). 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 September 29,2010, LexisNexis #1110-051

In re Nichols

After a debtor filed an individual, bare bones voluntary petition for Chapter 12 relief, a creditor who was a successor in interest to a bank sought conversion of the debtor's Chapter 12 case to one under Chapter 7 pursuant to 11 U.S.C.S. § 1208(d).
Ruling: 
Involuntary conversion from chapter 12 to chapter 7 denied as debtor's transfer to LLC appeared to be a legitimate estate planning move.
ABI Membership is required to access the full summary of In re Nichols. 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 August 31,2010, LexisNexis #1010-060

In re Bartelini

Debtors filed separate petitions under chapter 13, and a trustee was appointed to administer their bankruptcy estates. The trustee filed objections to plans the debtors proposed for repaying their creditors, claiming that the plans could not be confirmed under 11 U.S.C.S. § 1325(b)(1)(B) because the debtors had not committed all of their projected disposable income to repay debts they owed to unsecured creditors.
Ruling: 
Social Security income properly excluded from debtor's income calculations.
ABI Membership is required to access the full summary of In re Bartelini. 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 June 02,2010, LexisNexis #0910-001

In re Morris

Before the court was a creditor's motion for an order (1) lifting the automatic stay pursuant to 11 U.S.C.S. § 362(d)(1) to allow it to proceed with certain state court litigation, (2) waiving the 14-day stay imposed by Fed. R. Bankr. P. 4001(a)(3) upon entry of an order granting a motion for relief from stay, and (3) extending its time to object to discharge pursuant to Fed. R. Bankr. P. 4004(b). Debtors filed an Opposition.
Ruling: 
Stay lifted to allow creditor to liquidate, but not enforce, its claim.
ABI Membership is required to access the full summary of In re Morris. 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 May 27,2010, LexisNexis #0910-039

In re Glenn

Before the court for decision in two cases filed under chapter 7 Code were objections filed by the chapter 7 Trustee pertaining to debtors' claim of a cash exemption in their respective income tax refunds.
Ruling: 
The 50/50 Refund Rule applied to cash exemption in tax refund.
ABI Membership is required to access the full summary of In re Glenn. 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 May 19,2010, LexisNexis #0810-022

Economic Dev. Growth Enters. Corp. v. McDermott (In re McDermott)

Plaintiff creditors brought an adversary proceeding seeking a denial of discharge of a debt incurred by defendant debtor pursuant to 11 U.S.C.S. § 523(a)(4) and (a)(6).
Ruling: 
Debtor's officer's transfer from one corporation to another of which he was also an officer was not a breach of fiduciary duty and did not cause intentional injury.
ABI Membership is required to access the full summary of Economic Dev. Growth Enters. Corp. v. McDermott (In re McDermott). 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 May 04,2010, LexisNexis #0810-048

In re Wesseldine

In the chapter 13 debtors' proposed plan, movant, the counsel for the debtors, sought to carve out certain services out of the flat fee submitted in its disclosure pursuant to 11 U.S.C.S. § 329(a) and Fed. R. Bankr. P. 2016(b). The chapter 13 trustee filed an objection.
Ruling: 
Debtors' attorneys not entitled to fees in excess of initial flat fee.
ABI Membership is required to access the full summary of In re Wesseldine. 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 March 08,2010, LexisNexis #0510-072

Pages

Subscribe to Judge Davis