- 11 U.S.C.
In re Phillips
Oct
05
2010
Ruling
Bank did not violate stay by freezing debtors' accounts upon learning of bankruptcy.
Procedural posture
Debtors filed a petition under Chapter 7 of the Bankruptcy Code and asked the court to impose sanctions on a bank, pursuant to 11 U.S.C.S. § 362, because it placed an administrative hold on funds that had in two checking accounts. The bank opposed the debtors' motion.
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Court
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In re Stanley
Aug
19
2010
Ruling
Confirmation denied where plan proposed paying spouse's unsecured creditors in full but only nine percent to debtor's own unsecured creditors.
Procedural posture
A debtor filed a Chapter 13 bankruptcy petition. A trustee filed the debtor's proposed Chapter 13 plan. The matter came before the court for a hearing on confirmation of the Chapter 13 plan of reorganization.
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Court
:
- 11 U.S.C.
In re Evans
Jul
28
2010
Ruling
Till rate if interest was appropriate for debtors to unsecured creditors in chapter 13 plan.
Procedural posture
A hearing was held regarding confirmation of a debtor's proposed chapter 13 plan of reorganization. The debtor proposed to pay his unsecured creditors 100 percent of their allowed claims in monthly payments spread over a period of 36 consecutive months. The unresolved issue was the interest rate that had to be provided for the unsecured creditors in order for the plan to comply with the best-interest-of-creditors test in 11 U.S.C.S. § 1325(a)(4).
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Court
:
In re Walls
Jun
02
2010
Ruling
Confirmation denied for lack of good faith based on totality of circumstances.
Procedural posture
This matter came before the court for a hearing on debtor's proposed chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Crawford
May
19
2010
Ruling
Reaffirmation of lease that debtor had already assumed approved absent presumption of undue hardship.
Procedural posture
Debtor, pursuant to 11 U.S.C.S. § 524, filed with the court an agreement reaffirming his obligation to a creditor from which debtor was leasing a vehicle. Debtor had previously assumed the lease pursuant to 11 U.S.C.S. § 365(p). The court thereupon considered whether the agreement was subject to review under either § 524 or Fed. R. Bankr. P. 9011.
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Court
:
- 11 U.S.C.
In re Barger
May
07
2010
Ruling
Debtor's release of vehicle on which payments were current and resulting in increased income was not grounds for dismissal.
Procedural posture
A bankruptcy administrator filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C.S. § 707(b)(3) on the grounds that it was a case filed by a debtor whose debts were primarily consumer debts and that the granting of relief would be an abuse of the provisions of chapter 7.
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Court
:
- 11 U.S.C.
In re Deberry
Apr
30
2010
Ruling
Debtor's obligation to pay one-half of joint marital debts was a nondischargeable domestic support obligation.
Procedural posture
A chapter 13 debtor filed an objection to a proof of claim filed by his former wife. The former wife claimed that the entire amount of her claim was entitled to priority status as a domestic support obligation (DSO) pursuant to 11 U.S.C.S. § 507(a)(1).
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Court
:
- 28 U.S.C.
HH1 LLC v. LOR Decks at Calico Jacks LLC (In re HH1 LLC)
Mar
18
2010
Ruling
Bankruptcy court abstained from creditor's state law claims against debtor's guarantors which were remanded.
Procedural posture
Creditor's collection suit was filed in the Superior Court of Guilford County, North Carolina. Debtor filed bankruptcy, and with defendant guarantors, removed the case to the bankruptcy court under 28 U.S.C.S. § 1334(b) and moved for a change of venue under 28 U.S.C.S. § 1412 to the bankruptcy court. The creditor filed a motion to dismiss or for abstention under § 1334(c) and to remand.
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Court
:
In re Genevicz
Mar
15
2010
Ruling
Lien did not impair exemption when total amount of all liens was less than value of property.
Procedural posture
This case came before the court for a final hearing on debtor's motion to avoid a creditor's judicial lien under 11 U.S.C.S. § 522(f). The creditor filed an objection to the motion, asserting that the lien could not be avoided because it did not impair debtor's exemption.
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Court
:
In re Hornung
Mar
11
2010
Ruling
Case dismissed for bad faith where debtors purchased two vehicles on the eve of filing and had numerous inaccuracies in schedules.
Procedural posture
Debtors' chapter 7 case came before the court upon the Motion of the U.S. Bankruptcy Administrator for dismissal of the case pursuant to 11 U.S.C.S. § 707(b)(1), (b)(3).
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Court
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