Judge Huennekens

DaimlerChrysler Fin. Servs. Ams. LLC v. Kasrai (In re Kasrai)

Defendant debtor and his wife filed for relief under chapter 7. Plaintiff creditor, who as a successor to an earlier creditor, filed a motion against the debtor and defendant trustee, for the entry of a comfort order pursuant to 11 U.S.C. § 362(j) to confirm the termination of the automatic stay.
Ruling: 
Creditor's motion for comfort order denied.
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In re Williams

Debtors filed a petition under chapter 13, and an amended plan for repaying their creditors. A creditor filed an objection to the debtors'amended plan.
Ruling: 
Debtor could surrender vehicle in full satisfaction of secured debt pursuant to hanging paragraph.
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In re Isom

A debtor filed a petition under chapter 7 and filed a motion which asked the court to approve a reaffirmation agreement. The court held a hearing on the debtor's request.
Ruling: 
Reaffirmation agreement approved upon debtor's certification that there was no undue hardship.
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In re Taylor

Chapter 13 debtor filed a motion to extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B).
Ruling: 
Extension of stay denied in debtor's fourth chapter 13 case where debtor failed to rebut presumption of bad faith.
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In re Vollmer

Chapter 7 debtor filed a motion for reconsideration of the court's ruling granting him only a temporary waiver of the credit counseling requirement of 11 U.S.C. § 109(h).
Ruling: 
Permanent waiver of credit counseling requirement granted to incarcerated debtor upon reconsideration.
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In re Stevens

The debtor filed a motion for court approval of her reaffirmation agreement with the creditor. The debtor had an obligation with the creditor, which was secured by the debtor's automobile.
Ruling: 
Reaffirmation agreement was unenforceable where payments exceeded funds available to debtor after expenses.
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In Husain

Bankruptcy debtors asserted that, even though their projected income and expenses indicated that the debtors would be unable to continue to make payments on their vehicles, reaffirmation under 11 U.S.C. § 524 of debts to creditors secured by the vehicles would not impose an undue hardship in view of the debtors'post-bankruptcy need for their vehicles. The debtors moved for approval of reaffirmation agreements with the creditors.
Ruling: 
Approval of reaffirmation agreement denied as debtor's failed to rebut presumption of undue hardship.
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In re Chaney

A debtor filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B), in his chapter 13 bankruptcy case.
Ruling: 
Extension of stay denied in debtor's sixth case due to failure to rebut presumption of bad faith.
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In re Vollmer

Chapter 7 debtor filed a pro se voluntary chapter 7 petition and was granted permission to proceed in forma pauperis. He filed a motion for a permanent waiver of the credit counseling requirement of 11 U.S.C. § 109(h)(1) after the court issued a deficiency notice advising him that he needed to file a certificate of credit counseling. The U.S. Trustee objected to the debtor's motion.
Ruling: 
Incarcerated debtor was not entitled to permanent waiver of credit counseling requirement but was granted a 45-day extension.
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In re Turkowitch

Chapter 13 bankruptcy debtors proposed plans which provided for the surrender of vehicles to creditors secured by the vehicles in full satisfaction of their debts to the creditors under 11 U.S.C. § 1325(a). The creditors objected to confirmation of the debtors'plans on the ground that the hanging paragraph at the end of section 1325(a) did not preclude allowance of unsecured claims for deficiency balances.
Ruling: 
Surrender of vehicles satisfied secured claims in full, including deficiency balance.
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