Judge Ninfo

In re Riffle

A secured creditor of chapter 13 debtors, a husband and wife, filed a motion seeking automatic dismissal of the debtors' case pursuant to 11 U.S.C.S. § 521(i)(1).
Ruling: 
Filing of most recent pay stub and earnings report satisfied requirement for filing of payment advices.
ABI Membership is required to access the full summary of In re Riffle. 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 24,2008, LexisNexis #0508-008

Schmitt v. OBrien (In re OBrien)

Plaintiffs, the U.S. Trustee and a bankruptcy trustee, brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor made false oaths and accounts in failing to disclose assets and transfers which warranted a denial of the debtor's discharge under 11 U.S.C. § 727(a)(4)(A). The bankruptcy court conducted a trial.
Ruling: 
Multiple nondisclosures by debtor resulted in denial of discharge.
ABI Membership is required to access the full summary of Schmitt v. OBrien (In re OBrien). 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 October 19,2007, LexisNexis #1107-136

In re Osborne

The debtor filed for relief under chapter 7, and listed ownership of a residence, a car, and a dirt bike. The debtor indicated that he would surrender that property to the secured creditors. The U.S. Trustee filed a motion to dismiss for abuse under 11 U.S.C. § 707(b). The debtor filed amended schedules.
Ruling: 
Debtor could take deductions on Form B22A for secured debt payments on home, car and dirt bike that debtor intended to surrender.
ABI Membership is required to access the full summary of In re Osborne. 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 August 28,2007, LexisNexis #1007-051

In re Sackett

Before the court in debtors'chapter 13 case was the chapter 13 trustee's objection to confirmation, which asserted that debtors' plan violated the 11 U.S.C. § 1325(b)(1)(B) disposable income test.
Ruling: 
Chapter 13 means test objections are to be determined as of effective date of plan.
ABI Membership is required to access the full summary of In re Sackett. 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 August 28,2007, LexisNexis #1007-056

Scribner v. Bosket (In re Bosket)

Plaintiff trustee filed an adversary proceeding to revoke defendant debtor's discharge, pursuant to 11 U.S.C. § 727(d)(1) and (a)(2)(B).
Ruling: 
Discharge revoked due to sophisticated debtor's unauthorized postpetition transfer of property to father.
ABI Membership is required to access the full summary of Scribner v. Bosket (In re Bosket). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Phillips

Bankruptcy debtors proposed a chapter 13 plan which treated the claim of the financer of the debtors'vehicle as an allowed secured claim under the Hanging Paragraph of 11 U.S.C. § 1325(a). The trustee moved for a determination that, under 11 U.S.C. § 506(a), the financer had an allowed secured claim only for the value of the vehicle and an unsecured claim for the balance.
Ruling: 
Claim could be bifurcated where only a portion was secured by purchase money security interest in new vehicle.
ABI Membership is required to access the full summary of In re Phillips. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Rodwell

After the debtor filed an amended chapter 13 plan, the trustee filed a valuation motion requesting a determination that a creditor had an allowed secured claim for the $17,000 scheduled amount or retail value of a truck and an unsecured claim for the balance of the creditor's claim. The creditor opposed the valuation. The bankruptcy court conducted a hearing.
Ruling: 
Creditor allowed secured claim for purchase money security interest in truck and separate unsecured claim for negative equity on trade-in.
ABI Membership is required to access the full summary of In re Rodwell. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Nersinger

The court allowed the debtor a homestead exemption in the amount of $30,961.09, finding that 11 U.S.C. § 522(l), Fed. R. Bankr. P. 4003(b), and the U.S. Supreme Court's Taylor decision prevailed over 11 U.S.C. § 522(g) when the trustee had failed to timely object to the debtor's Schedule C claim of a homestead exemption. The trustee moved to amend judgment under Fed. R. Bankr. P. 9023(a), arguing, inter alia, a manifest error of law was made.
Ruling: 
Debtor's homestead exemption limited on reconsideration due to intersts of unsecured creditors.
ABI Membership is required to access the full summary of In re Nersinger. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Peaslee

Debtor filed a chapter 13 plan. A creditor objected because it did not provide for its Secured Claim to be paid in full in accordance with the 11 U.S.C. § 1325(a)(9) Hanging Paragraph. The trustee filed a Motion which requested that the court, pursuant to 11 U.S.C. § 506(a)(1), determine that the creditor had an allowed secured claim for the $10,950 retail value of debtor's vehicle and an unsecured claim for the balance of the secured claim.
Ruling: 
Claim could be bifurcated where it included amounts not secured by purchase money security interest in motor vehicle.
ABI Membership is required to access the full summary of In re Peaslee. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Nersinger

After avoiding mortgages, the chapter 7 trustee filed an objection to the debtor's claimed homestead exemption.
Ruling: 
Homestead exemption in property recovered by trustee in avoidance proceeding allowed in absence of timely objection.
ABI Membership is required to access the full summary of In re Nersinger. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Judge Ninfo