Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Northern District

In re Dejoy

The U.S. Trustee (UST) filed a motion to dismiss the debtors' chapter 7 case for abuse under 11 U.S.C.S. § 707(b)(1) based upon a presumption of abuse under § 707(b)(2) and the totality of the circumstances under § 707(b)(3).
Ruling: 
Case ordered converted or dismissed for presumption of abuse absent special circumstances.
ABI Membership is required to access the full summary of In re Dejoy. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 18,2011, LexisNexis #1211-089

In Wiltsie

A bankruptcy trustee moved to compel a bankruptcy debtor to turn over to the trustee the amount in the debtor's checking account on the date of the debtor's bankruptcy petition which the debtor did not claim as exempt. The debtor then filed amended schedules claiming the entire amount in the account as exempt under state law as wages earned within 60 days prior to the petition.
Ruling: 
Funds in account traceable to exempt prepetition wages were not subject to turnover despite comingling with nonexempt tax refunds.
ABI Membership is required to access the full summary of In Wiltsie. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 04,2011, LexisNexis #1211-016

Algonquin Power Income Fund v. Christine Falls of N.Y. Inc.

Chapter 11 debtors filed an adversary proceeding in the bankruptcy court seeking a declaration that creditors did not have a security interest in an escrow. The bankruptcy court granted summary judgment for the debtors, and the district court affirmed. The United States Court of Appeals for the Second Circuit vacated and remanded.
Ruling: 
Claim against proceeds of engineering malpractice judgment based on security interest predating the judgment properly disallowed.
ABI Membership is required to access the full summary of Algonquin Power Income Fund v. Christine Falls of N.Y. Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 25,2011, LexisNexis #0112-103

Onteroa Assocs. v. Village of Fleischmanns (In re Onteora Assocs.)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant village alleging that a pre-petition in rem tax foreclosure proceeding by the village against the debtor's property was avoidable as a fraudulent transfer under 11 U.S.C.S. § 548 based on the village providing less than reasonably equivalent value for the property. The debtor moved for summary judgment.
Ruling: 
Tax foreclosure in which village obtained title postpetition was not avoidable.
ABI Membership is required to access the full summary of Onteroa Assocs. v. Village of Fleischmanns (In re Onteora Assocs.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 11,2011, LexisNexis #1111-052

In re Menton

The court entered an order to show cause directed to the attorney for Chapter 13 debtors as to why he should not be sanctioned and referred to the Chief Judge of the District for discipline, including consideration of being barred from practice in the Northern District of New York.
Ruling: 
Debtor's attorney sanctioned due to twice failing to submit timely plan, fee irregularities and filing of dismissal notice without notifying clients.
ABI Membership is required to access the full summary of In re Menton. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 24,2011, LexisNexis #0611-139

In re Eaton

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.
Ruling: 
Above-median debtors' 47-month plan rejected as 60-month period was required.
ABI Membership is required to access the full summary of In re Eaton. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 05,2011, LexisNexis #0511-134

In re Eaton

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.
Ruling: 
Confirmation of above-median debtors' plan denied due to failure to commit to five-year term.
ABI Membership is required to access the full summary of In re Eaton. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 31,2011, LexisNexis #0611-031

In re Joest

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).
Ruling: 
Above-median debtor could claim ownership costs for two vehicles.
ABI Membership is required to access the full summary of In re Joest. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 17,2011, LexisNexis #0511-031

In re Burnett

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.
Ruling: 
Failure to include Social Security benefits in plan was not basis for denial of confirmation.
ABI Membership is required to access the full summary of In re Burnett. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 21,2011, LexisNexis #0211-097

In re Cady

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.
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.
ABI Membership is required to access the full summary of In re Cady. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 22,2010, LexisNexis #1210-086

Pages

Subscribe to Northern District