Title

Jurisdiction

Decided date

Filing type

FRBP

In re Spisak

Feb

2007

Ruling

Extension of time to pay filing fee granted due to delay caused by litigation of issue of fee waiver.

Procedural posture

The debtor filed for relief under chapter 7 and was required to make the last installment payment of his filing fee no later than March 2, 2007. In an earlier proceeding the court issued an order to show cause against the debtor because of the debtor's failure to make the January 31, 2007 filing fee installment payment of $75.

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Court :

District of Vermont ( Judge Brown ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on February 22, 2007 , LexisNexis #1007-060

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11 U.S.C.
- § 1322

United States v. Bartlett (In re Bartlett)

Nov

2006

Ruling

Debtors whose expired right of redemption was reinstated by district court could reinstate and cure mortgage.

Procedural posture

Defendant United States of America, acting on behalf of the Rural Housing Service, and chapter 13 debtors cross-moved for summary judgment on the second count of the government's complaint, which sought a declaration that debtors'residence was not property of their bankruptcy estate.

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Court :

District of Vermont ( Judge Brown ) [ Bankruptcy Court ]

opinion summary, case decided on November 02, 2006 , LexisNexis #1206-138

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11 U.S.C.
- § 330

In re Fibermark Inc.

Sep

2006

Ruling

Debtors' attorneys' fees allowed except for fees for administrative tasks and other insufficiently supported expenses.

Procedural posture

The court pursuant to 11 U.S.C. § 330 considered the final applications for fees and expenses of lead bankruptcy counsel for chapter 11 debtors, local counsel for debtors, special counsel for debtors, auditors for debtors, and restructuring accountant for debtors.

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Court :

District of Vermont ( Judge Brown ) [ Bankruptcy Court ]

opinion summary, case decided on September 06, 2006 , LexisNexis #1006-048

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11 U.S.C.

In re Hess

Aug

2006

Ruling

Exemptions from prepetition credit counseling requirement granted where debtors had attempted to comply in good faith.

Procedural posture

Two debtors each filed a bankruptcy petition subject to the Bankruptcy Abuse Prevention and Consumer Protection Act without the proof of prepetition credit counseling required by 11 U.S.C. § 109(h)(1). The trustee in bankruptcy moved to dismiss the second of the two petitions. The court issued orders to show cause why the petitions should not be dismissed.

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Court :

District of Vermont ( Judge Brown ) [ Bankruptcy Court ]

opinion summary, case decided on August 14, 2006 , LexisNexis #0906-001

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11 U.S.C.
- § 109
- § 109(h)

In re Westover

Jul

2006

Ruling

Court granted debtor's motion to dismiss case since debtor had not complied with prefiling credit counseling requirement.

Procedural posture

A debtor filed a motion to dismiss or strike her chapter 7 bankruptcy case based upon her failure to obtain credit counseling before the petition date.

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Court :

District of Vermont ( Judge Brown ) [ Bankruptcy Court ]

opinion summary, case decided on July 11, 2006 , LexisNexis #0806-038

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11 U.S.C.

In re Mayer-Myers

Jun

2006

Ruling

Court denied confirmation since debtors had no right to modify creditor's rights under plan.

Procedural posture

Debtor proposed a chapter 13 bankruptcy plan that sought to modify the claim of creditor, a mortgagee. Creditor objected to the confirmation of the chapter 13 plan, arguing that it violated the anti-modification directive set forth in 11 U.S.C. § 1322(b)(2).

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Court :

District of Vermont ( Judge Brown ) [ Bankruptcy Court ]

opinion summary, case decided on June 15, 2006 , LexisNexis #0706-067

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11 U.S.C.

In re Build Tech Sys.

Mar

2006

Ruling

Insurer was entitled to priority claim status for its claim for unpaid premiums for health insurance benefits provided to the debtor's employees.

Procedural posture

Insurer filed a claim for unpaid insurance premiums. The insurer alleged that the claim was for health insurance benefits provided to the debtor's employees, and thus was entitled to priority status under 11 U.S.C. § 507(a)(4) as a contribution to an employee benefit plan. The chapter 7 trustee objected on the basis that the asserted claim was not eligible for priority claim status.

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Court :

District of Vermont ( Judge Brown ) [ Bankruptcy Court ]

opinion summary, case decided on March 21, 2006 , LexisNexis #0406-086

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