In re Thompson
Aug
21
2007
Ruling
Utility shutoff notice, issued on day notice of discharge was received, but then corrected, did not violate discharge injunction.
Procedural posture
After a city issued a utility shutoff notice to debtors requesting payment on the same day that it received a notice of the debtors'chapter 7 discharge, the debtors sought a finding of contempt and an award of damages and attorneys'fees under 11 U.S.C. § 105(a), alleging that the city violated the discharge injunction under 11 U.S.C. § 524(a).
ABI Membership is required to access the full summary of In re Thompson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Brown
Jul
23
2007
Ruling
State exemption scheme was authorized by bankruptcy code and not in the conflict with federal exemptions.
Procedural posture
In consolidated cases, bankruptcy debtors variously claimed exemptions under state law for cash and a motor vehicle, and one debtor claimed a homestead exemption. A judgment creditor of both debtors objected to the exemptions on the grounds that the state exemptions conflicted with federal bankruptcy law and that the retroactive homestead exemption was an unconstitutional taking.
ABI Membership is required to access the full summary of In re Brown Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Reserve Capital Corp.
Jul
06
2007
Ruling
Court ordered settlement and payment of claims against surviving reorganized debtor was not an impermissible post-confimation modification.
Procedural posture
On remand from the district court, certain debtors raised the issue that the proposed relief previously ordered by the bankruptcy court was an impermissible post-confirmation modification of the previously confirmed plan of the one reorganized surviving chapter 11 debtor. The bankruptcy court had ordered the compromise and payment of claims against the surviving reorganized debtor.
ABI Membership is required to access the full summary of In re Reserve Capital Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Petrocci
Jun
20
2007
Ruling
Hanging paragraph applied to creditors holding purchase money security interests.
Procedural posture
Under consideration by the court were three contested matters resulting from three separate objections to the Chapter 13 Plans of debtors in the three cases treated in the decision. The objecting secured creditors objected to debtor's plans on the ground that those plans did not provide for the payment in full of the creditors'claims mandated by the so-called "hanging paragraph" of 11 U.S.C. § 1325(a)(9).
ABI Membership is required to access the full summary of In re Petrocci Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Sullivan
Apr
02
2007
Ruling
Creditor's inclusion of undisclosed preconfirmation attorneys fees and bankruptcy attorneys'fees in payoff letter demanding payment as prerequisite to closing violated stay.
Procedural posture
Under consideration by the court was a motion filed by debtor pursuant to 11 U.S.C. § 362(h). Claiming violations of the automatic stay provisions of 11 U.S.C. § 362, debtor requested $10,000 in actual, statutory, and punitive damages against a creditor and its law firm, as well as contingent attorney fees, or, in the alternative, $2,000 in attorneys' fees, and an order vacating and discharging any indebtedness claimed by the creditor.
ABI Membership is required to access the full summary of In re Sullivan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Brickely
Mar
01
2007
Ruling
Bankruptcy court declined to dismiss case for debtor's inadvertent failure to file two payment advices.
Procedural posture
Movant creditor sought an order confirming the automatic dismissal of the chapter 13 bankruptcy case based on one of the debtor's failure to comply with 11 U.S.C. § 521(i), where she inadvertently failed to timely submit two payment advice statements. The trustee and debtors moved the court to deny the dismissal order, asserting debtors promptly complied with the requirement and acted in good faith.
ABI Membership is required to access the full summary of In re Brickely Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Green
Jan
12
2007
Ruling
"Hanging paragraph" did not apply to trailer and secured creditor's claim could be bifurcated.
Procedural posture
Creditor filed an objection to the confirmation of chapter 13 debtor's plan.
ABI Membership is required to access the full summary of In re Green Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Williams
Nov
15
2006
Ruling
Confirmation denied due to improper valuation of debtor's insurance agency.
Procedural posture
A creditor and trustee objected to confirmation of the debtor's amended chapter 13 bankruptcy plan based on the value of the debtor's insurance agency business.
ABI Membership is required to access the full summary of In re Williams Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Wilson
Jun
05
2006
Ruling
Debtors case was dismissed for failure to comply with credit counseling requirements.
Procedural posture
Debtors filed a voluntary petition in bankruptcy pursuant to chapter 13 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C. §§ 101 et seq. Debtors, through their attorney, filed a "Request for Waiver of Completion of Instructional Course Concerning Personal Financial Management Based on Exigent Circumstances" (Extension Request). The trustee objected.
ABI Membership is required to access the full summary of In re Wilson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
A.W. Lawrence & Co. v. Burstein (In re A.W. Lawrence & Co.)
May
04
2006
Ruling
Court deemed that transfer was not fraudulent since debtor had no interest in payment as temporary holder of check.
Procedural posture
Plaintiff bankruptcy debtor sought to avoid as fraudulent a transfer of funds by check to defendant judgment creditor of a principal of the debtor, pursuant to 11 U.S.C. § 548. Judgment was entered in favor of the debtor, but the case was remanded from the district court for a determination of whether the debtor had an interest in the payment to the creditor.
ABI Membership is required to access the full summary of A.W. Lawrence & Co. v. Burstein (In re A.W. Lawrence & Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: