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Arnott v. IRS (In re Arnott)

Jun
18
2008
Ruling
Objection to proof of claim properly named and was served upon IRS.
Procedural posture

Movant debtors filed an objection to a proof of claim filed by respondent IRS, and the IRS argued that the objection should be dismissed. The IRS asserted that the debtors did not name the property party respondent, that the United States was not properly served, and that the court lacked jurisdiction to hear the objection.

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Consumer opinion summary, case decided on June 18, 2008 , LexisNexis #0708-096
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Simone v. No Respondent (In re All Cases in Which Robin L. Musher is Counsel of Record)

May
28
2008
Ruling
Counsel appointed to replace debtor's original counsel due to misconduct entitled to compensation from trust consisting of fees otherwise due original counsel.
Procedural posture

After movant, a law firm (Firm A), applied for approval and payment of fees in connection with its representation of various chapter 13 debtors, respondent attorney (Firm B) filed objections. At issue was whether Firm A was entitled to be paid the requested fees from a trust into which fees otherwise payable to Firm B were directed after the discovery of misconduct on the part of Firm B that led to it being replaced as counsel by Firm A.

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Consumer opinion summary, case decided on May 28, 2008 , LexisNexis #0708-028
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Johnson v. IRS (In re Johnson)

Apr
16
2008
Ruling
IRS liens stripped from real property where there was no equity to attach.
Procedural posture

Plaintiff debtor filed an adversary complaint seeking a declaration under 11 U.S.C.S. § 506 that his residence was free and clear of the federal tax liens of defendant Internal Revenue Service (IRS) and the lien for state unemployment compensation taxes of defendant Pennsylvania Department of Labor and Industry (Labor).

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Consumer opinion summary, case decided on April 16, 2008 , LexisNexis #0508-134
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Johnson v. IRS (In re Johnson)

Apr
16
2008
Ruling
IRS liens exceeding value of equity in debtor's property could be voided leaving IRS with general, unsecured, nonpriority claim.
Procedural posture

Plaintiff debtor filed an adversary complaint seeking a declaration under 11 U.S.C.S. § 506 that his residence was free and clear of the federal tax liens of defendant Internal Revenue Service (IRS) and the lien for state unemployment compensation taxes of defendant Pennsylvania Department of Labor and Industry (Labor).

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Consumer opinion summary, case decided on April 16, 2008 , LexisNexis #0508-028
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Kartman v. North Suburban Tree Serv. (In re Kartman)

Sep
29
2006
Ruling
Judgment against property owned by debtor and non-debtor spouse as tenants by the entirety did not impair an exemption.
Procedural posture

Chapter 13 debtor filed a motion to alter or amend a judgment, which denied debtor's complaint to avoid a lien pursuant to 11 U.S.C. §§ 522(h) and 544.

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opinion summary, case decided on September 29, 2006 , LexisNexis #1006-125
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In re Postlethwait

Sep
12
2006
Ruling
Pending creditor sale of automobile and inability to obtain credit counseling minutes before filing were not exigent circumstances that would qualify debtor for waiver of counselling requirement.
Procedural posture

Movant debtor sought approval of an amended certification of exigent circumstances under 11 U.S.C. § 109(h)(3)(A). Respondent chapter 13 trustee objected to approval of the certification and sought dismissal of the case due to the debtor's lack of eligibility for failure to comply with 11 U.S.C. § 109(h).

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opinion summary, case decided on September 12, 2006 , LexisNexis #1006-037
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Washington Fed. Savings Bank v. McGuier (In re McGuier)

Jul
25
2006
Ruling
Application of plan payments by mortgagee of debtor's residence approved subject to a reasonable reduction in attorneys'fee reimbursement.
Procedural posture

The creditor which held a mortgage on the debtors'residence filed a motion for approval of charges and application of payments under its loan agreement, including counsel fees. The creditor essentially requested a postconfirmation determination of the proper application of payments made to it by the chapter 13 trustee and for payment of attorney fees and costs incurred by it in protecting its claim.

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opinion summary, case decided on July 25, 2006 , LexisNexis #0906-081
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