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In re Mayland

May
26
2006
Ruling
Court ruled that section 506(a)(2) and thus replacement value provided standard for valuing vehicle for redemption purposes in both chapter 7 and chapter 13 cases.
Procedural posture

The debtors moved for authority to redeem their vehicle for $12,125. The creditor objected. The debtors argued that the proper valuation standard was the replacement value of the vehicle, which they computed by taking 90 percent of the retail value for the vehicle listed by the National Automobile Dealers Association ("NADA") Official Used Car Guide. The creditor argued that the replacement value was the full retail NADA value, which was $13,900.

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opinion summary, case decided on May 26, 2006 , LexisNexis #0606-108
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In re Rives

May
04
2006
Ruling
Court valued vehicle as of effective date of confirmed plan.
Procedural posture

The debtors filed a petition for relief under chapter 13 and filed a proposed plan of reorganization. The creditor objected to the valuation assessed for the debtors'vehicle in the confirmation plan.

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opinion summary, case decided on May 04, 2006 , LexisNexis #0606-078
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In re Johnson

Feb
02
2006
Ruling
Debtors could not strip down in a chapter 13 plan a secured creditor's purchase money security loans on vehicles purchased for the debtors'personal use within 910 days of filing.
Procedural posture

Creditor filed an objection to confirmation of the debtors'proposed chapter 13 plan regarding treatment of its secured claim in the debtors'vehicle. The creditor argued that the vehicle debt could not be crammed down under the terms of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

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opinion summary, case decided on February 02, 2006 , LexisNexis #0306-075
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In re Ball

Jan
25
2006
Ruling
Debtors were granted automatic stay extension for chapter 13 case filed shortly after chapter 7 discharge since the debtors appeared to be acting in good faith to address the mortgage debt.
Procedural posture

The debtors initiated a proceeding for relief under chapter 13. The debtors had filed two earlier petitions for relief under chapter 13 and under chapter 7, and the debtors had received a chapter 7 discharge in October 2005. The debtors filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B), the creditor objected to the extension.

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opinion summary, case decided on January 25, 2006 , LexisNexis #0206-026
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In re Havner

Jan
04
2006
Ruling
Debtor was denied a motion to extend the automatic stay of a chapter 13 case since, under the totality of the circumstances, the debtor failed to show the second filing was made in good faith.
Procedural posture

Debtor filed a motion to extend the automatic stay of his chapter 13 bankruptcy petition.

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opinion summary, case decided on January 04, 2006 , LexisNexis #0306-006
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In re Medley

Nov
10
2005
Ruling
Bankruptcy petition preparer who acted as more than a scrivener engaged in the unauthorized practice of law and thus committed a deceptive practice under the Code.
Procedural posture

Pro se bankruptcy debtors contacted a petition preparer's website and subsequently agreed to pay the preparer to complete their bankruptcy petition and accompanying schedules and forms. The bankruptcy trustee obtained an order to show cause to determine whether the preparer engaged in the unauthorized practice of law, and the preparer did not appear at the show cause hearing.

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opinion summary, case decided on November 10, 2005 , LexisNexis #0106-006
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Mosko v. Am. Educ. Serv. (In re Mosko)

Sep
29
2005
Ruling
One debtor had student loan debt deemed dischargeable due to undue hardship while other debtor received only partial discharge.
Procedural posture

Plaintiff debtors brought an adversary complaint to determine the dischargeability of their student loan debts pursuant to 11 U.S.C. § 523(a)(8). Defendant, the successor to the lender, opposed dischargeability.

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opinion summary, case decided on September 29, 2005 , LexisNexis #0106-056
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