- 11 U.S.C.
In re Price Funeral Home Inc.
Dec
12
2008
Ruling
Debtor's disclosures approved over creditor's objection.
Procedural posture
A hearing was held to consider the final approval of a chapter 11 debtor's disclosure statement, and to consider confirmation of the debtor's plan of reorganization. A creditor with a lien on the debtor's real property objected to the statement, voted to reject the plan, and objected to confirmation. The debtor sought to have the plan confirmed pursuant to 11 U.S.C.S. § 1129(b) without the creditor's affirmative vote and over its objection.
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Court
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In re Andrews
Sep
30
2008
Ruling
Debtors motion for sanctions against creditors who withdrew claims after debtor objected denied.
Procedural posture
A bankruptcy debtor objected to claims filed by creditors which were bulk buyers of charged-off debts on the ground that the claims were barred by statutes of limitations and inadequately documented. The creditors withdrew the claims, and the debtor requested that the creditors be required to show cause why they should not be sanctioned based on their collection practices.
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Court
:
Neary v. Stamat (In re Stamat)
Sep
24
2008
Ruling
Discharge denied due to debtors' nondisclosures.
Procedural posture
Plaintiff U.S. Trustee (UST) filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking an order denying the debtors' discharge under 11 U.S.C.S. § 727(a)(2), (4), and (5). The case was tried to the court.
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Court
:
- 11 U.S.C.
In re Rascento
Sep
22
2008
Ruling
Case dismissed due to failure of chapter 13 plan to provide for better recovery than in chapter 7 and debtor's failure to appear.
Procedural posture
The chapter 13 debtor objected to a claim filed by the bank that held the mortgage on his residence, contending that the bank could not prove that it was the true owner of the note and that the note had been paid in full. The bank moved for relief from the automatic stay. The bankruptcy trustee moved to dismiss the bankruptcy, asserting that the debtor's plan did not comply with 11 U.S.C.S. §§ 1322 and 1325.
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Court
:
- 11 U.S.C.
In re Cespedes
Sep
08
2008
Ruling
Liability for early withdrawal from IRA was a penalty, not a tax, and not a priority claim.
Procedural posture
The IRS filed a proof of claim in a debtor's chapter 13 bankruptcy case for a 10 percent early withdrawal liability incurred by the debtor pursuant to 26 U.S.C.S. § 72(t). The debtor objected to the classification of the liability as a priority claim under 11 U.S.C.S. § 507(a)(8)(E), asserting that the claim was a general unsecured claim.
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Court
:
- 11 U.S.C.
In re Alston
Aug
22
2008
Ruling
Payment of credit card debt called for in separation agreement was a property settlement rather than a "domestic support obligation."
Procedural posture
The debtor's former spouse filed an objection to the confirmation of his chapter 13 plan, and the debtor objected to the claim of the spouse based on a provision in the parties' separation agreement.
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Court
:
In re Alexander
Aug
20
2008
Ruling
Creditor whose claim was held dischargeable by bankruptcy court could nto relitigate issue in state court.
Procedural posture
Chapter 7 debtors moved to reopen their case in order to file a motion for sanctions against creditor, which had filed a state court action against them. The creditor contended that the debt in question was not discharged pursuant to 11 U.S.C.S. § 523(a)(3), which excepted from discharge debts that were neither listed nor scheduled for determination of dischargeability under 11 U.S.C.S. § 523(a)(2), (4) or (6).
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Court
:
- 11 U.S.C.
In re Sheridan
Jul
14
2008
Ruling
Debtor's request for early discharge prior to completion of plan payments granted.
Procedural posture
In a chapter 11 case filed by individual debtors, a married couple, a combined hearing to consider approval of their proposed disclosure statement and confirmation of their chapter 11 plan of reorganization was held. At issue was whether the plan was properly confirmed under 11 U.S.C.S. § 1129(a) and whether debtors' request for a discharge per 11 U.S.C.S. § 1141(d)(5)(B) was properly granted.
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Court
:
In re Marino
May
20
2008
Ruling
Case filed to preclude arbitration and avoid legal fees related to equitable distribution proceeding dismissed for bad faith.
Procedural posture
The creditor, a law firm that represented a debtor in a highly contentious marital and equitable distribution proceeding, filed a motion to dismiss the debtor's chapter 7 petition under 11 U.S.C.S. § 707(a), alleging that the petition was not filed in good faith.
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Court
:
In re Fiero
May
12
2008
Ruling
Case dismissed due to debtor's ability to repay debts.
Procedural posture
A creditor filed a motion to dismiss the chapter 7 case of a debtor pursuant to 11 U.S.C.S. § 707(a).
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Court
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