- 11 U.S.C.
In re LLS Mgmt. Co.
Feb
11
2008
Ruling
Shredding of patient records of debtor smoking cessation center and retention of CD containing patients' information was proper procedure.
Procedural posture
The chapter 7 trustee filed a motion to determine whether debtor was a "health care business" as that term was defined by 11 U.S.C.S. § 101(27A). Specifically at issue was the proper disposition of records maintained by debtor in connection with its operation of a smoking cessation program.
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Court
:
In re Musselman
Nov
30
2007
Ruling
Above-median debtor with negative projected disposable income required to propose plan with term of five years.
Procedural posture
A creditor of a chapter 13 debtor objected to the chapter 13 trustee's motion for confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
In re Williams
Oct
25
2007
Ruling
Above-median debtor without disposable income was not required to propose five year plan term.
Procedural posture
A debtor filed a petition under chapter 13 and a plan for repaying his creditors. A creditor filed an objection to confirmation of the debtor's plan, claiming that it failed to commit all of the debtor's disposable income to the payment of unsecured creditors as required by 11 U.S.C. § 1325(b)(1)(B). The chapter 13 trustee claimed that the plan should not be confirmed because it was not filed in good faith.
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Court
:
- 11 U.S.C.
Zeitchik v. Zeitchik (In re Zeitchik)
Jun
15
2007
Ruling
Property distribution payments pursuant to divorce decree were dischargeable due to debtor's inability to pay.
Procedural posture
Plaintiff, an ex-wife, filed an adversary proceeding pursuant to 11 U.S.C. § 523(a)(5) and (15) to determine the dischargeability of sums owed to her by defendant debtor, her ex- husband, who had filed a chapter 7 petition. At issue was whether certain payments that debtor was obliged to make under a state court order settling issues arising in the parties' divorce were nondischargeable pursuant to section 523(a)(5) or (15).
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Court
:
- 11 U.S.C.
Hutson v. Smithfield Packing Co. (In re Natl Gas Distribs. LLC)
May
24
2007
Ruling
Forward agreement for sale of natural gas by debtor was not a swap agreement so that transfers thereunder were avoidable.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant purchaser of natural gas from a bankruptcy debtor, seeking to avoid transfers of gas to the purchaser as fraudulent under 11 U.S.C. § 548(a)(1). The purchaser moved to dismiss the complaint or, in the alternative, for summary judgment, because the transfers were made in connection with a swap agreement and thus not subject to avoidance under 11 U.S.C. § 546(g).
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Court
:
- 11 U.S.C.
In re Price
Mar
06
2007
Ruling
Strip down allowed where secured claim included obligations separate from and in addition to purcahse price of vehicle.
Procedural posture
Chapter 13 debtors submitted for confirmation a proposed plan that would bifurcate creditor's claim which was secured by debtors'motor vehicle pursuant to 11 U.S.C. § 506, strip down the secured part of the claim to the current value of the vehicle. Creditor filed an objection, asserting the plan violated the prohibition on bifurcation in 11 U.S.C. § 1325(a), because the debt in issue created a purchase money security interest.
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Court
:
- 11 U.S.C.
In re Tune
Feb
15
2007
Ruling
Debtor who filed sixth case within 180 days of prior case was not an eligible debtor.
Procedural posture
A debtor filed a motion to extend the automatic stay in his chapter 13 bankruptcy case. A creditor filed a motion to dismiss, pursuant to 11 U.S.C. § 109(g)(2).
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Court
:
In re Howard
Jan
25
2007
Ruling
Debtor who was disabled after being placed on life support for fourteen days granted exemption from mandatory credit counseling.
Procedural posture
The chapter 13 debtors filed an uncontroverted motion, pursuant to 11 U.S.C. § 362(c)(3)(B), for continuation of the automatic stay as to all creditors.
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Court
:
Murray v. Lyon (In re Lyon)
Jan
09
2007
Ruling
Look-back provision for fraudulent transfers in not tolled by operation of automatic stay.
Procedural posture
Defendant estranged husband filed a motion for summary judgment on plaintiff trustee's adversary proceeding, which sought to recover real property transferred by the debtor to the husband or, in the alternative, sought a sale of the husband's interest in the property with that of the debtor on the ground that the transfer was null and void under 11 U.S.C. § 548.
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Court
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In re Sledge
Oct
11
2006
Ruling
Debtor's attorney ordered to disgorge fees in full due to professional misconduct.
Procedural posture
Debtors filed a motion for an order requiring defendant, debtor's former counsel, to disgorge fees paid to him. At issue was whether the fees as paid exceeded the reasonable value of the services rendered as described in 11 U.S.C. § 329(b) and whether defendant violated his duties under North Carolina's rules governing professional responsibility of counsel.
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Court
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