- 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 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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Court
:
- 11 U.S.C.
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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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
:
In re Clave
Apr
28
2008
Ruling
Motion to compel turnover of insurance proceeds denied in absence of bad faith and conversion to chapter 13 granted.
Procedural posture
Debtor filed her chapter 7 petition on November 16, 2007. On January 23, 2008, her husband died, leaving her as the beneficiary of a life insurance policy in the amount of $ 250,000. On January 30, 2008, she filed a motion to convert her case to chapter 13. The trustee opposed the motion and asserted a possessory interest in the policy proceeds. On March 4, 2008, the trustee filed a motion to compel the Debtor to turnover the proceeds.
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Court
:
- 11 U.S.C.
In re Noeth Corp.
Apr
24
2008
Ruling
Debtor's attorneys' fees approved with reductions for prepetition services and travel expenses.
Procedural posture
A debtor filed for relief under chapter 11 of the Bankruptcy Code. A law firm, as counsel for the debtor, filed for consideration an application for final compensation, pursuant to 11 U.S.C.S. § 330. The United States trustee objected to the fee application.
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Court
:
- 11 U.S.C.
In re Churco
Apr
10
2008
Ruling
Special counsel not entitled to fees for services that went beyond scope of appointment order.
Procedural posture
Special counsel to the chapter 7 Trustee filed an application for fees. A creditor objected.
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Court
:
- 11 U.S.C.
In re Marcello
Mar
27
2008
Ruling
Debtor who filed second case based on significant increase in income entitled to extension of stay provided mortgage payments remained current.
Procedural posture
The debtor filed a motion pursuant to 11 U.S.C.S. § 362(c)(3) for an order extending the automatic stay in her chapter 13 case. The motion was brought on by an order that shortened that time. The debtor had filed a previous chapter 13 case which was dismisssed. The creditor that held the debtor's mortgage objected.
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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 Brunner
Dec
07
2007
Ruling
Increase in disposable income during plan period does not require corresponding increase in plan payments.
Procedural posture
Debtors filed a petition under chapter 13 and a plan for repaying their creditors. The chapter 13 trustee and an unsecured creditor filed objections to confirmation of the debtors'plan, claiming that the plan could not be confirmed under 11 U.S.C. § 1325(b)(1)(B) because the debtors had not dedicated all of their projected disposable income to their plan during the applicable plan period.
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Court
: