Southern District

In re Heyward

A debtor filed a motion, pursuant to 11 U.S.C.S. § 1329, to modify and pay off his confirmed chapter 13 plan earlier than 36 months.
Ruling: 
Motion to modify plan to allow early plan payoff denied unless debtor proposed to pay creditors 100% of allowed claims.
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Consumer case opionion summary, case decided on March 06,2008, LexisNexis #0608-092

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.
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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.
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Consumer case opionion summary, case decided on September 24,2007, LexisNexis #0108-004

In re Lightsey

The United States Trustee filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C. § 707(b).
Ruling: 
Non-debtor spouse's contributions to household expenses had to be included in calculation of current monthly income.
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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.
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Thigpen v. Cadle Co. (In re Thigpen)

After debtors reopened their chapter 7 to assert a claim to exemptions relative to real estate that had been scheduled in the original proceeding and thereafter moved to avoid a judicial lien asserted by a judgment creditor, the creditor filed an objection to the exemption claim. At issue was whether debtors were properly permitted to avoid the lien pursuant to 11 U.S.C. § 522(f).
Ruling: 
Debtors could avoid judicial lien impairing exemption claimed only after case was reopened.
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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.
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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.
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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.
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Southeast Landco LLC v. 150 Beachview Holdings LLC

Plaintiff brought an action against defendant, an owner of a leasehold, alleging a breach of a real estate contract as a result of a foreclosure sale of the owner's leasehold. The owner filed a motion to dismiss for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1). Plaintiff has asserted federal question jurisdiction under 28 U.S.C. § 1334 as a matter related to a bankruptcy proceeding of a non-defaulting interest holder.
Ruling: 
Dispute between nondebtors over rights under rejected lease was not related to bankruptcy.
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