- 11 U.S.C.
Schafer v. Hilliard (In re Royal Tours Inc.)
Mar
01
2013
Ruling
Unauthorized postpetition transfers could be avoided but not postpetition payments made to satisfy debt of non-debtor spouse.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against transferee of funds from a bankruptcy debtor alleging that the transfers were avoidable as preferential transfers under 11 U.S.C.S. § 547, that certain transfers were avoidable as unauthorized postpetition transfers under 11 U.S.C.S. § 549. The trustee moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Hora
Jun
01
2012
Ruling
Relief from stay granted to allow non-debtor spouse to pursue claim for alienation of affection and criminal conversion.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and movant husband filed a motion for relief under 11 U.S.C.S. § 362(d)(1) so he could proceed with a lawsuit he filed in a North Carolina court which alleged that the debtor committed alienation of affection and criminal conversation. The debtor filed an objection to the motion.
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Court
:
- 11 U.S.C.
In re Moose
Mar
20
2012
Ruling
Civil Service Retirement System pension could not be deducted as "special circumstance and was required to be included in current monthly income calculation.
Procedural posture
This matter came before the court for a hearing on debtors' motion to strike presumption of abuse.
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Court
:
- 11 U.S.C.
In re Beard
Mar
14
2012
Ruling
Repossession did not violate stay where debtor failed to timely specify intention to reaffirm on original contract terms.
Procedural posture
A chapter 7 debtor filed a motion for sanctions against a creditor alleging that its repossession of her vehicle violated the automatic stay under 11 U.S.C.S. § 362(a). The debtor requested sanctions for damages incurred and an order directing the creditor to return the vehicle. The creditor alleged that the debtor's motion was filed in violation of Fed. R. Bankr. P. 9011 and requested reimbursement of its reasonable attorney's fees.
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Court
:
- 11 U.S.C.
Hearn v. Persels & Assocs. PLLC (In re Hearn)
Nov
04
2011
Ruling
Abandonment of claim against debtor's former lawyer and subsequent discharge did not prevent proceeding for disgorgement of fees.
Procedural posture
Debtor's former lawyer moved to dismiss an adversary complaint filed by debtor under 11 U.S.C.S. § 329 and Fed. R. Bankr. P. 2017 for rulings that amounts paid to defendant to enroll in a debt resolution plan (DRP) exceeded the reasonable value thereof; that the DRP enrollment was properly cancelled; and that debtor was entitled to recover all the payments. Defendant claimed that the court lacked subject matter jurisdiction.
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Court
:
- 11 U.S.C.
Official Comm. of Unsecured Creditors of Taylor-Ramsey Corp. v. Ramsey (In re Taylor-Ramsey Corp.)
Oct
06
2011
Ruling
Trustee could avoid unrecorded deed of trust through status as hypothetical lien creditor.
Procedural posture
Plaintiff committee of unsecured creditors filed an adversary proceeding against defendant creditor in which plaintiff sought in part to avoid defendant's unrecorded deed of trust as a hypothetical judicial lien creditor under 11 U.S.C.S. § 544(a)(1). Both parties filed motions for partial summary judgment on the issue of avoidance of the deed of trust.
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Court
:
In re Gamble
Jun
15
2011
Ruling
Deductions for charitable contribution, in amounts greater than debtors' prior contributions, were not grounds for denial of confirmation.
Procedural posture
Bankruptcy debtors proposed a plan which provided for payment of priority debt in full and no payment to unsecured creditors, but the trustee argued that the debtors' plan improperly increased their charitable contributions. The trustee objected to confirmation of the debtors' plan.
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Court
:
- 11 U.S.C.
In re Southern
Mar
30
2011
Ruling
"Dishonest" chapter 7debtor denied right to convert to chapter 13.
Procedural posture
When debtor moved to convert his case from one brought under chapter 7 to one brought under chapter 13, objector, his ex-wife, opposed the motion. The issue was whether debtor was entitled to conversion per 11 U.S.C.S. § 706 and the proper allocation of the burden of proof on such issue.
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Court
:
- 11 U.S.C.
In re Melara
Feb
04
2011
Ruling
Confirmation denied due to inappropriate treatment of and improper deductions for mobile home.
Procedural posture
The plan of chapter 13 debtors was opposed by a creditor that objected to the proposed treatment of its secured claim and requested that its claim be allowed as a fully secured claim.
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Court
:
- 11 U.S.C.
In re Martin
Jan
26
2011
Ruling
Confirmation denied where plan dramatically decreased the principal and interest rate of mortgage and did not provide the creditor with payments over the life of the plan that totaled the present value of its allowed secured claim.
Procedural posture
The debtors filed a notice of proposed Chapter 13 plan. At issue was whether the plan complied with the requirements of 11 U.S.C.S. § 1325. No objections were filed.
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Court
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