Judge Burris

In re Corner Pocket Billiards Inc.

Creditor moved for relief from the stay of 11 U.S.C. § 362(a) in order to continue state court litigation to resolve a wrongful death claim. The debtor objected, stating that the requested relief was premature until the state courts finalized the settlement issue. However, at the same time, the debtor asked the bankruptcy court to enforce the settlement agreement. Such a decision would have established the amount of the wrongful death claim.
Ruling: 
Relief from stay granted to allow creditor to resolve wrongful death claim.
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Commercial case opionion summary, case decided on January 17,2008, LexisNexis #0208-132

In re Macon

A bankruptcy debtor proposed a chapter 13 plan which provided for bifurcation of the claim of the creditor secured by the debtor's vehicle and payment of only the replacement value of the vehicle. The creditor objected to confirmation of the plan on the ground that 11 U.S.C. § 1325(a).(hanging paragraph referencing paragraph 5) precluded bifurcation of the creditor's claim.
Ruling: 
Service contract, gap insurance and administrative fees had sufficient nexus with price of vehicle to preserve purchase money nature of loan against 910 vehicle and preclude bifurcation.
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Consumer case opionion summary, case decided on October 19,2007, LexisNexis #1107-057

In re Poole

Creditor, the former wife of the debtor, filed an objection to confirmation of the chapter 13 plan of the debtor. The issue was whether the debtor's obligation to pay the former wife three different debts under the parties' divorce decree constituted priority "domestic support obligations"as defined by 11 U.S.C. § 101(14)(A).
Ruling: 
Credit card debt, attorneys' fees and promissory note owed to former spouse were not domestic support obligations.
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Consumer case opionion summary, case decided on October 09,2007, LexisNexis #1107-002

In re Hice

The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7. The issue was whether the debtor could claim the IRS Local Standard vehicle ownership expense of $471 pursuant to 11 U.S.C. § 707(b) — the means test.
Ruling: 
Debtor could claim full IRS local standard vehicle deduction for basic transportation needs for purposes of means test.
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Consumer case opionion summary, case decided on September 14,2007, LexisNexis #1007-082

In re Stewart

The debtor filed for relief under chapter 7. The creditor had a nonpossessory, non-purchase money security interest in various items of personal property of the debtor, including a utility building. The debtor filed an amended motion to avoid the creditor's security interest in the utility building, pursuant to 11 U.S.C. § 522(f)(1)(B).
Ruling: 
Utility building was not exempt as "household goods" even if used to store household goods.
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In re McLain

The debtor filed for relief under chapter 13. The debtor owned a mobile home and the creditor was listed as the secured creditor for the mobile home. The creditor objected to the debtor's proposed chapter 13 plan, pursuant to 11 U.S.C. § 1322(b)(2).
Ruling: 
Whether a mobile home is to be considered real property is determined by state law.
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In re Storey

The chapter 13 trustee filed a motion to modify the debtors'chapter 13 plan. The trustee asserted that based on the claims filed, the projected length was less than the applicable commitment period required by 11 U.S.C. § 1325(b), and raising the dividend to 50 percent would cause the plan to meet the applicable commitment period.
Ruling: 
Debtors bound by applicable commitment period of 60 months which was a temporal rather than monetary requirement.
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In re Hope Plantation Group LLC

The debtor filed for protection under chapter 11. The movant filed a motion for relief from the automatic stay, pursuant to 11 U.S.C. § 362 so that the movant could proceed on an obligation owed by the debtor in the original amount of $12.5 million.
Ruling: 
Motion for relief from stay denied as filed prior to expiration of 90-day "breathing space."
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In re Ivey

The debtor filed for relief under chapter 13, and a plan was confirmed. The chapter 13 trustee sought dismissal of the proceedings for non-payment, and the debtor objected. The court held a hearing and issued findings of fact and conclusions of law.
Ruling: 
Moratorium granted excusing debtor from three months of plan payments subject to dismissal if debtor missed any further payments.
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In re Coard

The debtor filed for bankruptcy relief under chapter 7. The United States Trustee filed a motion, pursuant to 11 U.S.C. §§ 109(h)(1), 521(b) and 707(a) to dismiss the case due to the debtor's failure to obtain credit counseling within 180 days prior to the petition filing date.
Ruling: 
Credit counseling received 198 days prior to filing did not satisfy requirement.
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