In re Corner Pocket Billiards Inc.
Jan
17
2008
Ruling
Relief from stay granted to allow creditor to resolve wrongful death claim.
Procedural posture
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.
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Court
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In re Macon
Oct
19
2007
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Poole
Oct
09
2007
Ruling
Credit card debt, attorneys' fees and promissory note owed to former spouse were not domestic support obligations.
Procedural posture
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).
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Court
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In re Hice
Sep
14
2007
Ruling
Debtor could claim full IRS local standard vehicle deduction for basic transportation needs for purposes of means test.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Stewart
Sep
06
2007
Ruling
Utility building was not exempt as "household goods" even if used to store household goods.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re McLain
Aug
30
2007
Ruling
Whether a mobile home is to be considered real property is determined by state law.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Hope Plantation Group LLC
Jun
14
2007
Ruling
Motion for relief from stay denied as filed prior to expiration of 90-day "breathing space."
Procedural posture
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.
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Court
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In re Ivey
Jun
13
2007
Ruling
Moratorium granted excusing debtor from three months of plan payments subject to dismissal if debtor missed any further payments.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Coard
May
16
2007
Ruling
Credit counseling received 198 days prior to filing did not satisfy requirement.
Procedural posture
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.
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Court
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MBNA Am. Bank N.A. v. Gainey (In re Gainey)
Jun
07
2006
Ruling
Creditor did not prove that dismissal was warranted.
Procedural posture
Plaintiff creditor filed an amended complaint seeking to determine the dischargeability of a consumer debt pursuant to 11 U.S.C. § 523(a)(2). The creditor made a motion in its closing requesting that it be allowed to amend the amended complaint to assert causes of action pursuant to 11 U.S.C. § 727(a)(3), (4) and (6). The debtor asserted a counter claim under 11 U.S.C. § 523(d).
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Court
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