- 11 U.S.C.
In re Albert Lindley Lee Mem. Hosp.
May
07
2010
Ruling
State's reimbursement claim for unemployment insurance compensation benefits was an excise tax entitled to priority.
Procedural posture
Debtor filed an Objection to Claim No. 179 filed by a claimant, the New York State Department of Labor, Unemployment Insurance Division.
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Court
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- 11 U.S.C.
Martyak v. Tioga County (In re Martyak)
Feb
05
2010
Ruling
Chapter 13 debtor's efforts to challenge auction sale of real property to satisfy delinquent real estate taxes denied.
Procedural posture
In this adversary proceeding, plaintiff debtor sought recovery of title to real property and imposition of sanctions against defendants, a county, various county officials, and others involved in the auction sale of real property that had been owned by the debtor.
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Court
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In re Dickerson
Dec
08
2009
Ruling
Debtor's counsel sanctioned for delayed filing, misdating of bank documents and inadequate representation of debtor at creditors' meeting.
Procedural posture
The United States Trustee asserted that counsel for a bankruptcy debtor unduly delayed filing the debtor's case, failed to contemporaneously date bankruptcy documents when executed, and inadequately represented the debtor with regard to meetings of creditors. The Trustee moved for sanctions against counsel, and the bankruptcy court conducted additional hearings with regard to counsel's conduct in other cases.
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Court
:
- 11 U.S.C.
Lurgi Inc. v. Northeast Biofuels LP (Northeast Biofuels LP)
Mar
21
2009
Ruling
Court refused to enjoin debtor from drawing down on irrevocable standby letter of credit.
Procedural posture
Plaintiff contractor sued defendant debtor, creditor, and issuer, seeking to enjoin them from taking any action to draw down on an irrevocable standby letter of credit issued to the contractor. Alternatively, the contractor sought to segregate and escrow the letter of credit proceeds and declare that the creditor's security interest did not attach, or the allowance of its super-priority or general administrative expense claims.
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Court
:
- 11 U.S.C.
In re Koch
Jul
25
2008
Ruling
Debtor not entitled to expense deduction for surrendered vehicles.
Procedural posture
The chapter 13 trustee objected to confirmation of the plan proposed by the debtor under 11 U.S.C.S. § 1325. The issue was whether payments on vehicles that the debtor planned to surrender as part of his chapter 13 plan could be used to reduce monthly disposable income calculated on Official Bankr. Form 22C.
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Court
:
- 11 U.S.C.
In re Riggins
May
20
2008
Ruling
Confirmation denied due to debtor's failure to net out tax refund against taxes withheld on Form 22C.
Procedural posture
The chapter 13 trustee for an above-median income debtor objected pursuant to 11 U.S.C.S. § 1325 to confirmation of the plan proposed by the debtor.
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Court
:
- 11 U.S.C.
In re Schneider
Apr
28
2008
Ruling
Form 22C expenses are solely for calculation of monthly disposable income and should not be used to adjust Schedule I projected disposable income.
Procedural posture
Both the chapter 13 trustee and a creditor objected to confirmation of debtors' plan under 11 U.S.C.S. § 1325. At issue was whether debtors were committing all of their "projected disposable income" to make payments to unsecured creditors under the plan.
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Court
:
- 11 U.S.C.
In re Lisenko
Mar
24
2008
Ruling
Confirmation denied due to unplanned discrepancy between disposable income calculated on Form 22C and not income on Schedule J.
Procedural posture
The chapter 13 Trustee objected to confirmation of the debtor's proposed plan under 11 U.S.C.S. § 1325. At issue was whether the debtor was committing all of her "projected disposable income" under the plan as required by 11 U.S.C.S. § 1325(b)(1)(B) when her "monthly disposable income" as calculated on Official Bankr. Form 22C was approximately one-half the amount of her "monthly net income" reflected on Schedule J.
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Court
:
- 11 U.S.C.
In re James
Jul
09
2007
Ruling
Notices of sale of tax liens containing legend required by Fair Debt Collection Practices Act did not violate stay.
Procedural posture
In separate cases, bankruptcy debtors moved for a finding that communications to the debtors from the former servicer of municipal tax liens against the debtors constituted attempts to collect prepetition debts from the debtors in violation of the automatic bankruptcy stay under 11 U.S.C. § 362(a)(5).
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Court
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