- 11 U.S.C.
In re Montgomery
May
17
2006
Ruling
Objection to confirmation was sustained since the "hanging paragraph"after section 1325(a)(9) prohibited bifurcation under section 506(a)(1) of the secured claim of a purchase-money moter vehicle creditor even where creditor failed to timely object.
Procedural posture
Respondent secured creditor objected to confirmation of petitioner debtors'proposed chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Grasso
May
16
2006
Ruling
Trustee's motion to dismiss for debtor's failure to timely file tax returns was denied since untimely filing was due to attorney error and unharmed trustee did not have to seek dismissal.
Procedural posture
The chapter 7 trustee filed a motion to dismiss the case pursuant to 11 U.S.C. § 521(e)(2)(A) or for an order determining that the debtor had complied with 11 U.S.C. § 521(e)(2)(A) or was exempt from compliance under 11 U.S.C. § 521(e)(2)(B). The trustee filed the motion to dismiss because the debtor's tax returns were not submitted at least seven days prior to the 11 U.S.C. § 341 meeting, as required by 11 U.S.C. § 521(e)(2)(A).
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Court
:
Gonzalez-Ruiz v. Doral Fin. Corp. (In re Gonzalez-Ruiz)
May
04
2006
Ruling
Court ruled that the bankruptcy court's order prohibiting debtors, who were serial filers and had attempted to refile to circumvent orders in their prior case, from making future filings.
Procedural posture
Appellant debtors challenged the Bankruptcy Court for the District of Puerto Rico's orders granting appellee creditor authority to proceed with a foreclosure sale of the debtors'residence, dismissing the debtors'fourth chapter 13 bankruptcy case, granting the creditor in rem relief from the automatic stay, barring the debtors from filing another bankruptcy petition, and denying the debtors'motion for reconsideration.
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- 11 U.S.C.
In re Ring
May
02
2006
Ruling
Court deemed that debtors'failure to provide tax returns to trustees was not grounds for dismissal but declined to issue bright line rule on tax return filings since the requests were not cases or controversies but rather anticipatory motions.
Procedural posture
In two cases filed after enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), consumer debtors sought orders determining that they had not violated the Bankruptcy Code's requirements for providing the chapter 7 and chapter 13 trustees with copies of prebankruptcy tax returns, as required by 11 U.S.C. § 521(e)(2)(A)(i), even though copies of the returns were provided to the trustees in either case.
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Court
:
In re Crane Rental Co.
May
01
2006
Ruling
Late-filed proof of claim was allowed due to excusable neglect.
Procedural posture
Creditor provided health care, disability, pension and 401(K) plan benefits to heavy equipment operators working in the construction industry, including the employees of the debtor. The creditor filed a motion to amend its proof of claim, or in the alternative for leave to file a late claim.
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Court
:
- 28 U.S.C.
Nickless v. Aaronson (In re Katz)
May
01
2006
Ruling
Court abstained on ruling on trustee's efforts to obtain a winding up and accounting of a partnership in favor of a state court action.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant partners in a partnership in which the debtor was also a partner, seeking a wind up of the partnership and a sale of partnership assets. The partners moved to dismiss the complaint for lack of subject matter jurisdiction.
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Court
:
- 11 U.S.C.
Dufresne v. N.H. Higher Educ. Assistance Found. (In re Dufresne)
Apr
25
2006
Ruling
Debtor's student loan debt was discharged due to undue hardship.
Procedural posture
By her complaint in an adversary proceeding, debtor sought a discharge of her outstanding student loans on an undue hardship basis under 11 U.S.C. § 523(a)(8). Defendant, the assignee of the loans, opposed their discharge. The matter was before the court for decision following trial.
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Court
:
- 11 U.S.C.
Marrama v. Citizens Bank (In re Marrama)
Apr
20
2006
Ruling
Denial of discharge was affirmed since fraudulent intent was found.
Procedural posture
Appellant debtor filed for chapter 7 bankruptcy protection. Appellee bank contended in its adversary action that the debtor should have been denied a discharge because of a recent transfer of assets to defraud creditors, pursuant to 11 U.S.C. § 727(a)(2)(A). The bankruptcy court entered summary judgment for the bank; the District Court for the District of Massachusetts affirmed. The debtor filed a further appeal.
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- FRBP
Access Cardiosystems Inc. v. Fincke (In re Access Cardiosystems Inc.)
Apr
17
2006
Ruling
Former officer and director of debtor was denied a stay of judgment pending appeal of the judgment since the former officer did not establish that he had a substantial case on appeal.
Procedural posture
Plaintiffs, the debtor and various of the debtor's individual investors, sued defendant, a former director and officer of the debtor, seeking a declaratory judgment that the debtor owned certain intellectual property concerning an automated defibrillator system for which a patent application was pending. In a prior order, the court found in favor of plaintiffs. Defendant moved for stay pending appeal. He also moved to file papers under seal.
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Court
:
- 11 U.S.C.
In re Kibbe
Apr
14
2006
Ruling
Plan was denied confirmation since debtor incorrectly calculated projected disposable income based on Official Form B22C rather than Schedules I and J.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the debtor's bankruptcy case. The issue presented was whether "projected disposable income," as used in 11 U.S.C. § 1325(b)(1)(B), was determined from Official Bankr. Form B22C or whether "projected disposable income" was determined by Schedules I and J, when the debtor's "current monthly income," as defined by 11 U.S.C. § 101(10A), was significantly lower than her actual current income.
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Court
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