- 11 U.S.C.
In re Washington
Apr
27
2006
Ruling
Creditor's untimely objection to confirmation was allowed since creditor had a first priority lien on debtor's residence and debtor's plan proposed to modify the lien.
Procedural posture
In a debtor's bankruptcy, a creditor filed a proof of claim that asserted a security interest in the debtor's residence, and the debtor did not object to the claim. The creditor objected to confirmation of the debtor's plan on the ground that the plan undervalued the creditor's claim and failed to cure the arrearage on the claim, and the debtor asserted that the objection was barred as untimely.
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Court
:
- 11 U.S.C.
In re Johnson
Apr
25
2006
Ruling
Creditor was granted relief from automatic stay since debtor's plan did not adequately protect creditor.
Procedural posture
A creditor asserted that a bankruptcy debtor breached a prepetition factoring agreement which the debtor contended was superseded. The creditor moved for relief from the bankruptcy stay to pursue a state-court action against the debtor for breach of contract, asserting that the debtor's confirmed plan did not account for the creditor's claim.
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Court
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In re Donithan
Apr
25
2006
Ruling
IRS was granted relief from automatic stay to setoff prepetition tax refund against a prepetition debt owed to the IRS.
Procedural posture
In a debtor's bankruptcy, the IRS filed a proof of claim based on the debtor's prepetition tax liability and asserted a security interest in the debtor's prepetition tax refund. The IRS moved for relief from the automatic bankruptcy stay in order to setoff the debtor's prepetition tax refund with the debtor's prepetition tax liability.
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Court
:
- 11 U.S.C.
In re Brown
Apr
24
2006
Ruling
Court deemed redemption value of an automobile to be the retail price as claimed by creditor less an amount for necessary repairs.
Procedural posture
A bankruptcy debtor's automobile was encumbered by a creditor's lien, and the debtor moved for authority to redeem the automobile pursuant to 11 U.S.C. § 722. The debtor and the creditor disputed the value of the automobile for redemption purposes under 11 U.S.C. § 506(a)(2).
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Court
:
- 11 U.S.C.
In re Parker
Apr
18
2006
Ruling
Motion to extend automatic stay was granted since debtor rebutted presumption of bad faith filing.
Procedural posture
In a chapter 13 bankruptcy case, debtor, who was also the debtor in a prior chapter 13 bankruptcy case that was pending within a year preceding the filing of the instant case, filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B). The trustee filed a response. Creditor, debtor's ex-wife, filed an objection to the motion.
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Court
:
- 11 U.S.C.
Ardis v. Educ. Credit Mgmt. Corp. (In re Ardis)
Apr
06
2006
Ruling
Finding that debtor was not entitled to hardship discharge of student loan debt was affirmed since debtor did not show a good faith effort to repay.
Procedural posture
Appellant debtor appealed from the Bankruptcy Court's determination that he was not entitled to a hardship discharge of his student loan obligations under 11 U.S.C. § 523(a)(8).
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Court
:
- 11 U.S.C.
In re Love
Mar
23
2006
Ruling
Extension of stay denied to debtor whose prior case was dismissed for non-payment and who was unable to make plan payments due to theft of money by third party during hospitalization.
Procedural posture
Movant debtor sought to extend the stay pursuant to 11 U.S.C. § 362(c)(3)(B). Respondent creditor filed an objection.
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Court
:
- 11 U.S.C.
In re Evans
Mar
14
2006
Ruling
Court extended automatic stay since debtors overcame presumption that case was not filed in good faith.
Procedural posture
Petitioner debtors filed a motion to extend the automatic stay as to all creditors, pursuant to 11 U.S.C. § 362(c)(3)(B). Respondent trustee filed a reply.
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Court
:
- 11 U.S.C.
In re Williams
Feb
24
2006
Ruling
Debtor's motion to extend automatic stay was granted due to substantial change in circumstances.
Procedural posture
The debtor, proceeding under chapter 13, filed a motion to extend the period for the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B). The trustee filed a response to the motion.
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Court
:
- 11 U.S.C.
In re Cartledge
Feb
16
2006
Ruling
Debtors were denied a motion to extend the automatic stay since they failed to follow local bankruptcy rules and since no hearing occurred before the expiration of the stay.
Procedural posture
The debtors had a bankruptcy proceeding pending within one year of the current case. In the current case, filed under chapter 13, the debtors sought a motion to extend the automatic stay beyond the 30-day period, pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
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