- 11 U.S.C.
In re Lipford
Apr
17
2008
Ruling
Case dismissed for abuse based on totality of circumstances.
Procedural posture
The Bankruptcy Administrator (movant) asked the court to dismiss a chapter 7 case filed by debtors, a husband and wife, who claimed that they had filed bankruptcy because they could not pay their bills as they came due. At issue was whether dismissal was properly granted for abuse pursuant to 11 U.S.C.S. § 707(b)(3).
ABI Membership is required to access the full summary of In re Lipford Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Moore
Apr
02
2008
Ruling
Above-median debtor's boat payments were reasonably necessary expenses which could be deducted from current monthly income calculation.
Procedural posture
A creditor holding an unsecured nonpriority claim against the debtors arising out their credit card accounts filed an objection to confirmation of the debtors' chapter 13 plan, challenging the debtors' taking of a monthly deduction of $ 263.36 on Official Bankr. Form B22C for a debt payment secured by the debtors' boat, motor and trailer, arguing that the deduction was not a necessary expense under 11 U.S.C.S. § 1325(b)(3).
ABI Membership is required to access the full summary of In re Moore Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Moore
Apr
02
2008
Ruling
Above median debtors' boat payments were not necessary but nevertheless properly deductible.
Procedural posture
A creditor holding an unsecured nonpriority claim against the debtors arising out their credit card accounts filed an objection to confirmation of the debtors' chapter 13 plan, challenging the debtors' taking of a monthly deduction of $ 263.36 on Official Bankr. Form B22C for a debt payment secured by the debtors' boat, motor and trailer, arguing that the deduction was not a necessary expense under 11 U.S.C.S. § 1325(b)(3).
ABI Membership is required to access the full summary of In re Moore Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Montgomery
Mar
04
2008
Ruling
Debtors allowed redetermination of current monthly income after obtaining lower paying jobs.
Procedural posture
The debtors filed a motion to strike Schedule I and to determine their currently monthly income.
ABI Membership is required to access the full summary of In re Montgomery Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Wilson
Mar
03
2008
Ruling
Above-median debtor's projected disposable income not required to include social security income of non-debtor spouse.
Procedural posture
A chapter 13 trustee objected to the confirmation of the debtor's plan on the basis that it violated 11 U.S.C.S. § 1325(b)(1)(B).
ABI Membership is required to access the full summary of In re Wilson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Johnson
Feb
27
2008
Ruling
Debtor's obligation to make payments on secured debt to former spouse pursuant to divorce decree was a nondischargeable domestic support obligation.
Procedural posture
Debtors, a husband and wife, filed a voluntary petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. The husband's ex-wife filed an objection to the debtors' plan.
ABI Membership is required to access the full summary of In re Johnson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ferguson v. Fisher (In re Fisher)
Jan
07
2008
Ruling
Debtor's discharge revoked due to failure to turn over stock but discharge of spouse who did not own or control stock not revoked.
Procedural posture
Plaintiff trustee filed an adversary complaint for a revocation of defendant debtors'discharge in a Chapter 7 bankruptcy case, pursuant to 11 U.S.C. § 727(d)(2).
ABI Membership is required to access the full summary of Ferguson v. Fisher (In re Fisher) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Friday
Dec
12
2007
Ruling
Stay did not preclude landlord from proceeding with prepetition eviction action.
Procedural posture
A debtor filed a motion requesting that the court enjoin the padlocking of an apartment, which was done pursuant to a state court judgment obtained by a landlord before the chapter 7 proceeding was commenced.
ABI Membership is required to access the full summary of In re Friday Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Goines
Nov
13
2007
Ruling
Conversion to chapter 13 denied due to chapter 7 debtor's pre- and postpetition bad faith conduct.
Procedural posture
A debtor filed a motion to convert her chapter 7 bankruptcy case to chapter 13, pursuant to 11 U.S.C. § 706. The trustee objected to the motion.
ABI Membership is required to access the full summary of In re Goines Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Wallace
Nov
12
2007
Ruling
Chapter 13 plan calling for balloon payment to creditor whose claim was secured by real property could not be confirmed.
Procedural posture
A creditor filed an objection, pursuant to 11 U.S.C. § 1325(a)(5)(B)(iii), to the individual debtors'chapter 13 plan.
ABI Membership is required to access the full summary of In re Wallace Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: