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Northern District

In re Wilson

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.
Ruling: 
Debtors case was dismissed for failure to comply with credit counseling requirements.
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In re Surprise

The debtors filed a motion against the creditor seeking damages for the creditor's alleged violation of 11 U.S.C. §§ 362 and 524. The creditor filed an opposition to the motion and oral argument was held.
Ruling: 
Debtor's motion for damages for creditor's alleged violation of automatic stay was denied.
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A.W. Lawrence & Co. v. Burstein (In re A.W. Lawrence & Co.)

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.
Ruling: 
Court deemed that transfer was not fraudulent since debtor had no interest in payment as temporary holder of check.
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In re Irons

Before the court in a chapter 13 matter was a motion filed by debtors objecting to three proofs of claims filed by a claimant. The claimant filed opposition to debtors'motion with respect to Claim Nos. 5, 9, and 12. Debtors cross-moved for attorney's fees.
Ruling: 
Debtor's motion seeking disallowance of claims was denied though debtors could later object to amounts of claims.
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In re McBride

A bankruptcy debtor's chapter 13 plan was confirmed and provided for monthly payments to a creditor whose debt was secured by the debtor's vehicle but, upon the debtor's failure to make the plan payments, the creditor repossessed and sold the vehicle. The creditor submitted an amended claim for deficiency, and the debtor moved to disallow the claim.
Ruling: 
Creditor's deficiency claim was disallowed since the creditor did not reserve a right of relief from potential deficiency.
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