In re Bird
Oct
17
2008
Ruling
Nunc pro tunc approval of attorneys'fees from period before filing of application for approval denied.
Procedural posture
An attorney for the chapter 7 trustee requested reimbursement for fees and expenses incurred prior to the date of the filing of an application to approve the attorney's employment.
ABI Membership is required to access the full summary of In re Bird Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Stauder v. eCast Settlement Corp. (In re Stauder)
Oct
16
2008
Ruling
Credit card proofs of claim supported only by "account summaries" disallowed.
Procedural posture
The debtors objected to three proofs of claim filed by the same creditor. The substance of each objection was that the creditor failed to attach sufficient documentation to the claim form to allow that claim to be accorded "prima facie"validity.
ABI Membership is required to access the full summary of Stauder v. eCast Settlement Corp. (In re Stauder) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Schwab v. Beneficial Consumer Discount Co. (In re Bowler)
Oct
14
2008
Ruling
Bankruptcy court abstained from hearing trustee's claims regarding secured status of creditor's claim and alleged violations of Truth in Lending Act.
Procedural posture
Defendant lender filed a motion to dismiss plaintiff trustee's adversary complaint to determine that the creditor did not have a secured interest in the debtors'property subject to a mortgage and for damages under the Truth in Lending Act (TILA).
ABI Membership is required to access the full summary of Schwab v. Beneficial Consumer Discount Co. (In re Bowler) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Keuler
May
14
2008
Ruling
Tax liens filed against debtor's property during pendency of prior owner's bankruptcy were void.
Procedural posture
Debtor objected to a secured proof of claim for real estate property taxes filed by creditor, a county.
ABI Membership is required to access the full summary of In re Keuler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Cash-On-Demand LLC v. Muir House Inc. (In re Muir House Inc.)
Apr
18
2008
Ruling
Bankruptcy court declined to grant relief from stay or use of cash collateral.
Procedural posture
Creditor filed two motions seeking, in one instance, the lifting of the automatic stay imposed by 11 U.S.C.S. § 362(a) and in the other, a motion to prohibit the use of cash collateral.
ABI Membership is required to access the full summary of Cash-On-Demand LLC v. Muir House Inc. (In re Muir House Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
DeHart v. Boyd (In re Boyd)
Nov
06
2007
Ruling
Plan expenses for recreation and adult daughter's education disallowed.
Procedural posture
Movant chapter 13 trustee filed an objection to a plan filed by respondent debtors, alleging that the amounts claimed to educate their adult daughter and for their own recreation were over-reaching and should be disallowed under 11 U.S.C. § 707(b)(2)(A).
ABI Membership is required to access the full summary of DeHart v. Boyd (In re Boyd) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Sheils v. 65248 Canada Ltd. (In re Mackay)
Oct
12
2007
Ruling
Claims filed by foreign entity and expressed in foreign currency was to be valued at exchange rate on judgments were recorded in U.S.
Procedural posture
Citing 11 U.S.C. § 502(d), the chapter 7 trustee objected to two claims filed by a foreign entity on the ground that the claims were expressed in terms of foreign currency. At issue was whether each claim had to be converted to an appropriate exchange rate and, if so, the appropriate date to use to determine the proper exchange rate between the foreign currency in which the claim was expressed and United States dollars.
ABI Membership is required to access the full summary of Sheils v. 65248 Canada Ltd. (In re Mackay) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Bardo
Sep
07
2007
Ruling
Plan payments to unsecured creditors were sufficient given debtors' proper reliance on projected income based on historic figures set forth in schedules I and J.
Procedural posture
The debtors filed for relief under chapter 13, and submitted a proposed chapter 13 plan. The creditor filed an objection to the proposed plan, asserting that the debtors plan did not make a sufficient payment toward the unsecured creditors based on the amount of projected disposable income claimed by the debtors, subject to the requirements of 11 U.S.C. § 1325(b)(1)(B).
ABI Membership is required to access the full summary of In re Bardo Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
HSBC v. Lunger (In re Lunger)
Jun
29
2007
Ruling
Mortgage on debtors'primary residence could not be modified.
Procedural posture
Respondent debtors filed a petition under chapter 13, and a plan for repaying their creditors. Objector mortgagee filed an objection to the plan.
ABI Membership is required to access the full summary of HSBC v. Lunger (In re Lunger) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Stapleton v. Talmadge (In re Talmadge)
Jun
28
2007
Ruling
Debtors could not claim ownership expenses for vehicles owned free and clear and were not eligble under chapter 7.
Procedural posture
Movant United States trustee filed a motion to dismiss a petition which respondent debtors filed under chapter 7, claiming that the debtors were not eligible for chapter 7 relief.
ABI Membership is required to access the full summary of Stapleton v. Talmadge (In re Talmadge) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: