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In re Pollock

Feb
24
2009
Ruling
State enforcement of wage, hour and overtime law was covered by the police powers exception to stay.
Procedural posture

The debtor challenged an order issued by the New York Department of Labor (DOL) requiring the debtor to comply with wage, hour, and overtime law, asserting that the order violated the automatic stay provision of 11 U.S.C.S. § 362. The issue was whether the police and regulatory powers exception to the automatic stay provision under 11 U.S.C.S. § 362(b)(4) was applicable to the DOL's order.

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Consumer opinion summary, case decided on February 24, 2009 , LexisNexis #0609-039
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Capital Communs. Fed. Credit Union v. Crowson (In re Crowson)

Oct
09
2008
Ruling
Credit card debt incurred in order to upgrade timeshare was nondischargeable as a "luxury good."
Procedural posture

Plaintiff creditor commenced an adversary proceeding against defendant debtor, seeking a determination that the debtor's credit card debt was nondischargeable as a luxury good under 11 U.S.C.S. § 523(a)(2)(A).

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Consumer opinion summary, case decided on October 09, 2008 , LexisNexis #1208-013
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Harris v. DAmico (In re DAmico)

Oct
09
2008
Ruling
Schedule inaccuracies due to oversight which were remedied at creditors' meeting were not basis for denial of discharge.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtors seeking a denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(2)(A), (4)(A) based on the debtors' failure to disclose prepetition transfers. The bankruptcy court conducted a trial.

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Consumer opinion summary, case decided on October 09, 2008 , LexisNexis #1208-033
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In re Paley

Jun
03
2008
Ruling
Confirmation of plans denied for lack of good faith in chapter 13 cases filed less than eight years afer chapter 7 discharges.
Procedural posture

Debtors filed separate voluntary petitions for relief under chapter 13 of the Bankruptcy Code, and plans for repaying their creditors. A trustee was appointed to represent the debtors' bankruptcy estates, and she filed objections to the debtors' plans.

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Consumer opinion summary, case decided on June 03, 2008 , LexisNexis #0708-087
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In re Vining

May
14
2008
Ruling
Confirmation denied due to improper payment sequence.
Procedural posture

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and proposed a plan for repaying their creditors. A trustee was appointed to represent the bankruptcy estate, and the trustee and a creditor filed objections to the debtors' plan.

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Consumer opinion summary, case decided on May 14, 2008 , LexisNexis #0608-129
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Board of Tr. Adirondack Carpenters Pension Fund v. Parker (In re Parker)

May
07
2008
Ruling
Debtor employer's failure to make contributions to employee benefit plans did not render debt nondischargeable as its role was not that of a fiduciary.
Procedural posture

Plaintiff boards of trustees of employee benefit plans brought an adversary proceeding against defendant bankruptcy debtor, alleging that debts to the plans owed by the debtor as an employer were nondischargeable under 11 U.S.C.S. § 523(a)(4) based on fiduciary defalcation, larceny, or embezzlement. The bankruptcy court conducted a trial.

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Commercial opinion summary, case decided on May 07, 2008 , LexisNexis #0608-046
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In re McLain

Oct
24
2007
Ruling
Failure to step up payments after vehicle loans were paid off was not grounds for denial of confirmation.
Procedural posture

Debtors moved for confirmation of their proposed chapter 13 plan. The chapter 13 trustee and a creditor both filed objections to confirmation on the grounds that the proposed plan failed to devote all of the debtors'"projected disposable income" to be received in the "applicable commitment period"within the meaning of 11 U.S.C. § 1325(b)(1)(B).

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Consumer opinion summary, case decided on October 24, 2007 , LexisNexis #1107-123
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In re Green

Aug
29
2007
Ruling
Above median debtor with lack of current disposable income was not required to adhere to five year applicable commitment period.
Procedural posture

A bankruptcy debtor proposed a chapter 13 plan which provided for an applicable commitment period ("ACP") of three years, but the bankruptcy trustee asserted that the ACP for the above median debtor under 11 U.S.C. § 1325 was five years unless all allowed unsecured creditors were paid in full. The trustee objected to confirmation of the debtor's plan.

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Consumer opinion summary, case decided on August 29, 2007 , LexisNexis #1207-018
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