In re Cobb

Jan

2013

Ruling

Debtor's ability to pay creditors in full in less time than proposed in plan did not constitute lack of good faith.

Procedural posture

The chapter 13 trustee objected to the debtor's proposed chapter 13 plan contending that it was not proposed in good faith under 11 U.S.C.S. § 1325(a)(3) because the debtor could pay her creditors in full much sooner than proposed under the plan.

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Court :

District of Rhode Island ( Judge Finkle ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on January 24, 2013 , LexisNexis #0213-134

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11 U.S.C.
- § 363

In re Corse

Jan

2013

Ruling

Trustee could sell debtor's remainder interest in property in which mother retained life interest where quitclaim back to mother had not been recorded.

Procedural posture

The Chapter 7 trustee sought, pursuant to 11 U.S.C.S. § 363, to sell the debtor's one-quarter remainder interest in certain residential real property. The debtor's mother, who held a life estate in the property, along with two of the debtor's sisters who had interests in the property, filed an objection to the sale.

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Court :

District of Rhode Island ( Judge Finkle ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on January 18, 2013 , LexisNexis #0213-110

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11 U.S.C.

Harrington v. Webster (In re Webster)

Jan

2013

Ruling

Discharge denied due to debtor's false oath.

Procedural posture

The United States Trustee sought the revocation of the discharge granted to chapter 7 debtors, pursuant to 11 U.S.C.S. § 727(d)(1) and § 727(d)(2), asserting that debtors failed to disclose pre-petition personal injury-related claims arising out of personal injury accidents suffered by debtor husband.

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Court :

District of Rhode Island ( Judge Finkle ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on January 14, 2013 , LexisNexis #0213-017

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11 U.S.C.

In re Krivitsky

Dec

2012

Ruling

Case converted to chapter 7 due to failure to pay postpetition domestic support obligation.

Procedural posture

Before the court was the chapter 13 trustee's motion to convert the case to a case under chapter 7 of the Bankruptcy Code, relying primarily on 11 U.S.C.S. § 1307(c)(11), which provided for dismissal or conversion of a chapter 13 bankruptcy case for failure of a debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition. Debtor opposed the motion.

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Court :

District of Rhode Island ( Judge Finkle ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on December 17, 2012 , LexisNexis #0213-097

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