- 11 U.S.C.
In re Moore
Jun
18
2013
Ruling
Confirmation denied due to negative projected disposable income and case ordered converted unless confirmable plan was filed within 14 days.
Procedural posture
The chapter 13 trustee filed an objection to confirmation of the debtor's plan and a motion to reconvert.
ABI Membership is required to access the full summary of In re Moore 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 Carlton
May
24
2013
Ruling
Intentional auction of debtor's vehicle violated stay and was grounds for sanctions.
Procedural posture
A debtor filed a motion for 11 U.S.C.S. § 362(k) sanctions, contending that a creditor was liable for damages for willful violation of the automatic stay and asking the court to impose monetary sanctions in an amount no less than $60,000 as well as attorney's fees in the amount of no less than $7,500.
ABI Membership is required to access the full summary of In re Carlton 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 Holden
Apr
26
2013
Ruling
Bank's postpetition claims for attorneys' fees on unsecured claims disallowed.
Procedural posture
In this chapter 11 case, the debtor objected to claims failed by creditor bank, which represented claims for post-petition attorneys' fees on underlying unsecured claims.
ABI Membership is required to access the full summary of In re Holden 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 Blohm
Mar
08
2013
Ruling
Trustee ordered to pay debtor's prepetition child support obligation pending state court ruling on postpetition support.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying his creditors. The debtor's ex-wife filed a claim in the amount of $35,626 against the debtor's bankruptcy estate and asked the court to dismiss the debtor's case, or for an order converting the case to one under chapter 7 of the Bankruptcy Code. The court held a hearing on the ex- wife's motion.
ABI Membership is required to access the full summary of In re Blohm Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Daniels
Jan
29
2013
Ruling
Trustee's motion to dismiss for failure to include settlement funds in plan denied due to failure to file timely objection.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying their creditors. The court confirmed the debtors' plan in February 2012, and in September 2012 a trustee who was appointed to administer the debtors' plan filed a motion to dismiss the debtors' case for failure to modify their plan. The court held a hearing on the trustee's motion.
ABI Membership is required to access the full summary of In re Daniels 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 Pliler
Jan
15
2013
Ruling
Early termination clause allowing debtor to exit chapter 13 in 55 months, rather than 60, was void.
Procedural posture
Trustee objected to a chapter 13 plan proposed by a married couple who were above-median income debtors and sought dismissal on grounds that confirmation was improper given the inclusion of an early termination (ET) clause allowing debtors to exit chapter 13 in 55 months if trustee commissions and debtor's attorneys fees were paid, which period was five months less than the applicable commitment period (ACP) in 11 U.S.C.S. § 1325(b)(4)(A).
ABI Membership is required to access the full summary of In re Pliler 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 Barnes
Jan
15
2013
Ruling
Early termination clause was void and plan could only be confirmed if providing for full applicable commitment period.
Procedural posture
Trustee objected to a chapter 13 plan proposed by debtor, a below-median income debtor, and sought dismissal for failure to file a plan in good faith and failure to pay required amounts for the entire "applicable commitment period" (ACP) per 11 U.S.C.S. § 1325(b)(1). Issues included whether the plan's early termination (ET) clause rendered it non-confirmable and whether it was an attorney-fee only plan that was not proposed in good faith.
ABI Membership is required to access the full summary of In re Barnes 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 Tedder
Jan
14
2013
Ruling
Early termination provision was void but plan could otherwise be properly confirmed.
Procedural posture
Trustee objected to a chapter 13 plan proposed by debtors and sought dismissal of the case for failure to file a plan in good faith and failure to pay required amounts for the entirety of the applicable commitment period (ACP) per 11 U.S.C.S. § 1325(b)(1). Issues included whether the plan's early termination (ET) clause rendered it non-confirmable and whether it was an attorney-fee only scheme that was not proposed in good faith.
ABI Membership is required to access the full summary of In re Tedder 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 Boyd
Jan
14
2013
Ruling
Chapter 13 plan could not provide for termination short of applicable commitment period.
Procedural posture
Trustee objected to a chapter 13 plan proposed by a below-median income debtor and sought dismissal on grounds that confirmation was improper given the inclusion therein of an early termination (ET) clause allowing debtor to exit chapter 13 in 31 months if trustee commissions and debtor's attorneys fees were paid, which period was five months less than the applicable commitment period (ACP) in 11 U.S.C.S. § 1325(b)(4)(A).
ABI Membership is required to access the full summary of In re Boyd Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re LichtinWade LLC
Dec
19
2012
Ruling
Creditor with claim that was not listed as disputed, contingent or unliquidated and agreed with that designation was not required to file proof of claim.
Procedural posture
Debtor LLC filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting commercial real estate as a debtor-in-possession. A secured creditor asked the court to disallow a claim filed by another creditor, contending that the claim was untimely under 11 U.S.C.S. § 502(b)(9). The court held a hearing on the creditor's motion.
ABI Membership is required to access the full summary of In re LichtinWade LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: