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judge grossman

In re Almonte

Ruling
Credit card cash advances did not need to be included in projected disposable income calculation.
Procedural posture

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to confirmation of the debtor's chapter 13 plan, arguing, inter alia, that the plan could not be confirmed under 11 U.S.C.S. § 1325 because the debtor did not include credit card cash advances he received before he declared bankruptcy as part of his current monthly income (CMI).

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Consumer opinion summary, case decided on December 08, 2008 , LexisNexis #0109-063

In re Lemma

Ruling
Relief from co-debtor stay denied where debtor's plan proposed to pay creditor's claim in full.
Procedural posture

A creditor of a chapter 13 debtor filed a motion to terminate the co-debtor stay imposed by 11 U.S.C.S. § 1301(a) as to a co-obligor and for relief pursuant to 11 U.S.C.S. § 362(d)(4)(B) that, in the event of any future filings by the debtors, the automatic stay would not go into effect as to the creditor with respect to the debtors' residence.

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Consumer opinion summary, case decided on September 29, 2008 , LexisNexis #1208-006

In re Lemma

Ruling
Co-debtor stay is not terminated by 30-day automatic termination of stay in chapter 13 case.
Procedural posture

The debtors filed a motion for a determination that the scheduling of the foreclosure sale of their residence by a creditor violated the co-debtor stay of 11 U.S.C.S. § 1301(a).

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Consumer opinion summary, case decided on September 09, 2008 , LexisNexis #1008-014