- 11 U.S.C.
In re Little
Aug
07
2013
Ruling
Collection actions by municipal court for postpetition debt did not violate stay.
Issue(s)
Did municipal court violate stay by taking actions to collect postpetition debt?
ABI Membership is required to access the full summary of In re Little 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 Maloney
Apr
16
2012
Ruling
Voluntary dismissal granted as prejudice to debtor if case continued outweighed prejudice to creditors upon dismissal.
Procedural posture
Debtors filed a joint petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer their bankruptcy case. The debtors filed a motion to dismiss their bankruptcy case, pursuant to 11 U.S.C.S. § 707, the trustee filed an objection to the debtors' motion and sought an order requiring the debtors to turn over a mortgage they received when they sold real property and payments they received from the buyer postpetition.
ABI Membership is required to access the full summary of In re Maloney 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 Allen
Oct
17
2011
Ruling
Relief from stay granted to allow creditor to enforce monthly payments from debtor's retirement plan but not to enforce other claims provided for in judgment of divorce.
Procedural posture
In this matter, a creditor sought relief from the stay to return to state court to enforce certain provisions of the Final Judgment of Divorce entered in the divorce action initiated by debtor. Debtor moved to reclassify the creditor's claim from a priority claim to a general unsecured claim.
ABI Membership is required to access the full summary of In re Allen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Cook
Jul
14
2010
Ruling
Wholly unsecured line could not be stripped off in chapter 7 case.
Procedural posture
The Chapter 7 debtor filed a motion seeking to reclassify a wholly unsecured second mortgage on his principal residence from a secured claim to an unsecured claim pursuant to 11 U.S.C.S. § 506(a) and (d).
ABI Membership is required to access the full summary of In re Cook 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 Roth
Jun
14
2010
Ruling
Retirement income and 401(k) loan repayments were not disposable income.
Procedural posture
Creditor, a law firm that had represented the debtor in nonbankruptcy matters pre-petition, filed a motion to dismiss the chapter 13 debtor's case and also objected to the confirmation of the chapter 13 plan. The creditor held an unsecured claim of $57,260.90 for unpaid legal fees.
ABI Membership is required to access the full summary of In re Roth Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Grumbine v. Azeglio (In re Azeglio)
Jan
27
2010
Ruling
Default judgment for fraud did not have collateral estoppel effect in nondischargeability proceeding due to operation of state law.
Procedural posture
Creditors sought a determination that a debt due to them by defendant chapter 7 debtor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). They asserted that a state court judgment entered against the debtor under the New Jersey Consumer Fraud Act, N.J. Stat. Ann. § 56:8-1 et seq., collaterally estopped the court from litigating the issue of fraud under 11 U.S.C.S. § 523(a)(2)(A). The creditors filed a motion for summary judgment.
ABI Membership is required to access the full summary of Grumbine v. Azeglio (In re Azeglio) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Ferrante
Sep
10
2009
Ruling
Lien impairing debtor's homestead exemption would be avoided upon debtor's completion of plan.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and moved for an order under 11 U.S.C.S. § 522(f), avoiding a prepetition judgment lien which two creditors had placed on his house. The creditors opposed the debtor's motion, claiming, inter alia, that the debtor's motion to avoid the lien had to be denied because the debtor had not fulfilled all obligations he had under his chapter 13 bankruptcy plan.
ABI Membership is required to access the full summary of In re Ferrante Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Kemp
Jul
17
2008
Ruling
Adversary proceeding not necessary for reclassification of mortgage claim for stripping purposes.
Procedural posture
A chapter 13 debtor filed a motion to reclassify a creditor's unsecured second mortgage on the debtor's residence as an unsecured claim.
ABI Membership is required to access the full summary of In re Kemp Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hopkins v. Arave (In re Arave)
Mar
27
2008
Ruling
Debtor's transfer of property received in divorce settlement to parents outside of preference period or look back period fo fraudulent transfers was not avoidable.
Procedural posture
A bankruptcy debtor was awarded real property with a cabin in a divorce settlement, and the debtor transferred the property to defendants, his parents, thereafter by warranty deed. Plaintiff bankruptcy trustee brought an adversary proceeding against the parents seeking to avoid the transfer as preferential and fraudulent under 11 U.S.C.S. §§ 547, 548.
ABI Membership is required to access the full summary of Hopkins v. Arave (In re Arave) 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 Liverman
Mar
05
2008
Ruling
Objection to confirmation overruled where plan adjusted to account for increased income would call for sufficient payments over 60 months.
Procedural posture
The chapter 13 Trustee and an unsecured creditor objected to confirmation of the debtors' proposed chapter 13 plan. They challenged as insufficient the plan payments proposed by the debtors. The issue was the meaning of the debtors' "projected disposable income" to be received within "the applicable commitment period" for purposes of 11 U.S.C.S. § 1325(b)(1)(B).
ABI Membership is required to access the full summary of In re Liverman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: