- 11 U.S.C.
In re Beck
Jan
23
2008
Ruling
Debtors could deduct secured debt payments in means test despite actual or intended surrender of collateral.
Procedural posture
In two separate cases, the debtors filed for relief under chapter 7 of the United States Bankruptcy Code. The United States Trustee filed motions to dismiss the petitions pursuant to 11 U.S.C. § 707(b)(2).
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Court
:
- 11 U.S.C.
In re Logan
Dec
14
2007
Ruling
Debtor could modify secured claim against mobile home residence located on property in which debtor had no ownership interest.
Procedural posture
A chapter 13 debtor filed an objection to a creditor's fully-secured proof of claim, asserting that the "hanging paragraph" at the end of 11 U.S.C. § 1325(a) did not apply. The creditor filed an objection to the confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
In re Samaritan Alliance LLC
Nov
21
2007
Ruling
Subtenants continued to have possessory interest in lease with debtors.
Procedural posture
The debtors were a limited liability company and related entities that operated a hospital. When the debtors filed for relief under chapter 11, the purchaser bought the hospital at a sale under 11 U.S.C. § 363. A dispute arose between the purchaser and a sub-tenant that operated a 34-bed skilled nursing facility ("SNF") concerning the continued operation of the SNF.
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Court
:
- 11 U.S.C.
In re Hicks
Oct
22
2007
Ruling
Three-year plan term appropriate for debtor whose average monthly income was below median for six months prior to filing.
Procedural posture
An unsecured creditor objected to a debtor's chapter 13 plan, arguing that the debtor was required to pay a five year plan rather than a three year plan as determined by the means test because the debtor's income according to Schedule I was above the state median.
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Baker v. Mortgage Elec. Registration Sys. (In re King)
Jul
20
2007
Ruling
Mortgage executed simultaneously with note, but not recorded until one month later during preference period, could be avoided.
Procedural posture
Plaintiff trustee filed an action against defendant creditors to set aside, pursuant to 11 U.S.C. § 547, a mortgage executed by the debtors in favor of the creditors. The financing agreement related to the mortgage was executed in July, 2005, and the mortgage was recorded on August 26, 2005. The parties filed cross motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Riggs
Feb
27
2007
Ruling
Confirmation denied as plan needed to rely on Schedules I and J for determination of disposable income rather than Form B22C.
Procedural posture
The debtors filed for relief under chapter 13, and submitted a plan that proposed to pay $290 per month to unsecured creditors. The trustee did not recommend confirmation, contending that the debtors had disposable income in the amount of $880.
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Court
:
- 11 U.S.C.
Nash v. Hall
Nov
03
2006
Ruling
Motion for stay granted in no-asset case.
Procedural posture
Plaintiff filed an action against defendant and defendant sought to stay the lawsuit because of a bankruptcy proceeding pursuant to 11 U.S.C. § 362. Defendant also filed a motion to transfer and a motion in limine to preclude plaintiff's witness from testifying at trial.
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In re Azbill
Aug
28
2006
Ruling
Debtor's failure to receive notice of motion to approve compromise of claim where debtor's counsel received actual notice.
Procedural posture
The United States Trustee's emergency motion to reopen the debtor's chapter 7 case to administer an asset was granted and a successor chapter 7 trustee was appointed on the same day. The successor chapter 7 trustee's subsequent motion to approve a compromise with a bank regarding a certificate of deposit was then granted. The debtor moved to set aside the order approving the compromise.
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Court
:
- 11 U.S.C.
Post Road Partners LLC v. Walters (In re Walters)
Aug
28
2006
Ruling
Debt held nondischargeable due to debtor's providing false financial statements to creditor that were contradicted by debtor's bankruptcy filings.
Procedural posture
Plaintiff property owner sued defendant debtor, alleging that the debts owed from the debtor's personal guaranty on a lease were nondischargeable under 11 U.S.C. § 523(a)(2)(A), (a)(2)(B) and (a)(6). The owner moved for summary judgment.
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Court
:
- 11 U.S.C.
Schlarman v. SunTrust Mortg. Inc. (In re Helvey)
Aug
02
2006
Ruling
Trustee's status as bona fide purchaser for value allowed trustee to avoid defectively acknowledged mortgage.
Procedural posture
Plaintiff bankruptcy trustee filed a motion for summary judgment in a core proceeding brought against defendant mortgage company in which the trustee sought to avoid the company's mortgage pursuant to 11 U.S.C. § 544(a)(3).
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