- 11 U.S.C.
In re Eaton
Apr
05
2011
Ruling
Above-median debtors' 47-month plan rejected as 60-month period was required.
Procedural posture
Debtors filed a joint petition under Chapter 13 of the Bankruptcy Code and proposed a plan for repaying their creditors that required them to make payments of $500 per month to the Chapter 13 trustee for 47 months and paid their unsecured creditors one percent of what they were owed. The Chapter 13 trustee filed an objection under 11 U.S.C.S. § 1325(b)(1)(B) to confirmation of the debtors' plan.
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Court
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In re Eaton
Mar
31
2011
Ruling
Confirmation of above-median debtors' plan denied due to failure to commit to five-year term.
Procedural posture
Debtors proposed a chapter 13 plan which provided for payments for slightly less than four years with a minimal distribution to unsecured creditors. The bankruptcy trustee objected to confirmation of the debtors' plan on the ground that the applicable commitment period for the debtors' plan under 11 U.S.C.S. § 1325(b) was five years.
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In re Joest
Mar
17
2011
Ruling
Above-median debtor could claim ownership costs for two vehicles.
Procedural posture
An above-median income debtor filed a petition under chapter 13 and proposed a plan for repaying her creditors. The chapter 13 trustee filed an objection to confirmation of the debtor's plan, pursuant to 11 U.S.C.S. § 1325(b)(1)(B), claiming that it was neither reasonable nor necessary for the debtor, who was single, to claim ownership costs for two vehicles under 11 U.S.C.S. § 1325(b)(3).
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Court
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- 11 U.S.C.
In re Burnett
Jan
21
2011
Ruling
Failure to include Social Security benefits in plan was not basis for denial of confirmation.
Procedural posture
Debtors filed separate petitions under chapter 13 of the Bankruptcy Code in two bankruptcy cases, and the same trustee was appointed to administer both cases. The trustee filed an objection to plans the trustees filed in both cases, claiming that the plans could not be confirmed because the debtors did not include social security payments they were receiving when they calculated their projected disposable income.
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Court
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In re Cady
Nov
22
2010
Ruling
Farm transferred to debtor through family estate planning was property of the estate so that debtor could cure default on secured loans entered into by father.
Procedural posture
In this chapter 12 case, a creditor moved for relief from the automatic stay "for cause" pursuant to 11 U.S.C.S. § 362(d)(1) with respect to certain real and personal property supporting the farming operation of the debtor.
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Court
:
- 11 U.S.C.
In re Moore
Nov
18
2010
Ruling
Modification of a secured claim on multi-use property not barred where mortgage covered both debtor's residence and other income producing property.
Procedural posture
Debtors, a husband and wife, filed a petition under chapter 13 and proposed a plan for repaying their creditors which bifurcated a secured claim that was filed by a mortgage servicing company. The mortgage servicing company filed an objection to the debtors' plan.
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Court
:
- 11 U.S.C.
Muse v. Flagstar Bank (In re Muse)
Nov
02
2010
Ruling
Scheduled prepetition mortgage not recorded until day before case was reopened could be avoided.
Procedural posture
In a adversary proceeding in a reopened chapter 7 bankruptcy case, the trustee filed a motion for summary judgment, endeavoring to avoid the mortgage lien of defendant bank. The mortgage had been listed in the debtor's bankruptcy schedules, but the mortgage, which was made several years before the debtor filed for bankruptcy, had not been recorded until the day the motion trustee's motion to reopen was granted.
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Court
:
- 11 U.S.C.
In re King
Oct
20
2010
Ruling
Debtor could not require creditor to repossess collateral rather than seek repayment.
Procedural posture
Debtors filed a petition under chapter 13, and a bank filed a claim against the debtors' bankruptcy estate, seeking repayment of loans it made that were guaranteed by the male debtor. The debtors sought an order under 11 U.S.C.S. § 502(b)(1) and Fed. R. Bankr. P. 3007(a) which disallowed part of the bank's claim.
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Court
:
- 11 U.S.C.
Whites Lumber Inc. v. Barksdale (In re Barksdale)
Sep
29
2010
Ruling
Builders did not owe fiduciary duty to lumber company that extended credit and resulting debt was dischargeable.
Procedural posture
Plaintiff lumber company filed separate adversary proceedings against defendant Chapter 7 debtors, a father and son, seeking a determination that the debtors owed the company debts that were nondischargeable under 11 U.S.C.S. § 523(a)(4). The debtors filed affirmative defenses and counterclaims seeking an award of attorney fees and costs, and the court consolidated the actions and tried both cases together.
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:
- 11 U.S.C.
In re Pagan
Sep
24
2010
Ruling
Confirmation denied due to debtor's improper deduction of employer's contribution to health insurance plan.
Procedural posture
The Chapter 13 trustee objected to confirmation of the proposed plan by the debtor. At issue was whether was whether she was committing all of her projected disposable income to make payments to unsecured creditors under the plan as required by 11 U.S.C.S. § 1325(b)(1)(B) when she included her employer's portion of her health insurance premium as a living expense deduction but did not correspondingly reflect that premium payment as income.
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Court
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