In re Loy
Dec
18
2007
Ruling
Petition for recognition of foreign main proceeding granted.
Procedural posture
A foreign debtor was adjudged a bankrupt in a foreign insolvency proceeding, and the representative appointed in the foreign proceeding petitioned for recognition of the foreign proceeding under bankruptcy chapter 15. The representative also requested that the debtor be barred from challenging a lis pendens filed by the representative with regard to real property owned by the debtor in the United States.
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Court
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In re Parson
Nov
06
2007
Ruling
Trustee's abandonment of debtors' home was irrevocable.
Procedural posture
A creditor of discharged chapter 7 debtors filed a motion pursuant to 11 U.S.C. § 350(b) to reopen the debtors' chapter 7 case.
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Court
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In re Phillips
Mar
08
2007
Ruling
Secured claim in motor vehicle used for family and household purposes could not be bifurcated.
Procedural posture
A bankruptcy debtor's chapter 13 plan provided for payment of the value of the debtor's vehicle as a secured claim of the creditor secured by the vehicle, with the balance of the claim treated as a unsecured claim under 11 U.S.C. § 506(a). The creditor objected to confirmation of the plan on the ground that the hanging paragraph of 11 U.S.C. § 1325(a) precluded bifurcation of the creditor's claim into secured and unsecured claims.
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Court
:
- 11 U.S.C.
In re Ellegood
Feb
22
2007
Ruling
Bifurcation allowed where claim secured by motor vehicle was not a purchase money security interest and was incurred within one year of filing.
Procedural posture
A creditor objected to confirmation of the debtors'chapter 13 plan under 11 U.S.C. § 1325.
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Court
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McDow v. Sours (In re Sours)
Oct
10
2006
Ruling
Objection to discharge sustained as chapter 13 case was filed less than four years after discharge in converted chapter 7 case.
Procedural posture
Chapter 13 trustee filed a motion pursuant to Fed. R. Civ. P. 12(c), as incorporated into bankruptcy proceedings through Fed. R. Bankr. P. 7012, for judgment on the pleadings in his complaint, which objected to debtors'discharge pursuant to 11 U.S.C. § 1328(f).
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Court
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In re Bryant
Jul
28
2006
Ruling
Court approved portion of attorney's application for compensation.
Procedural posture
The attorney for two chapter 13 debtors filed an application for compensation, seeking additional compensation of $4,610 for fees and $359 for costs incurred.
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Court
:
- 11 U.S.C.
In re Larson
Jul
21
2006
Ruling
Court approved attorneys' fees and costs that were reasonable and supported by contemporaneous records and denied remainder of fees requested.
Procedural posture
The debtors' counsel filed an application for compensation for services rendered in the chapter 13 bankruptcy case.
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Court
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In re Vernon-Williams
Apr
27
2006
Ruling
Supplemental fee requests were denied since the use of unauthenticated "minimums" for time keeping purposes was not reasonable.
Procedural posture
Before the court following a hearing on March 7, 2006, was the first omnibus objection of the trustee to certain supplemental fee applications of a law firm representing debtors, i.e., supplemental fee applications regarding a lead case and the first ten cases listed in Exhibit A to the first omnibus objection.
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Court
:
- 11 U.S.C.
Power v. Robinson (In re Robinson)
Mar
17
2006
Ruling
Debt for alleged unauthorized power usage was deemed dischargeable since the power company could not show that debtor had meter tampered or represented through its payment of the power company's low billing statements that the bills were accurate.
Procedural posture
Plaintiff creditor, a power company, filed an adversary proceeding against defendant debtor alleging that the debtor had engaged in energy theft or meter tampering and that the resulting debt for the allegedly unauthorized power usage was nondischargeable pursuant to 11 U.S.C. § 523(a)(2) and 523(a)(6).
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Court
:
- 11 U.S.C.
Burton v. Educ. Credit Mgmt. Corp. (In re Burton)
Jan
11
2006
Ruling
Student loans were deemed nondischargeable since debtor failed to show that debtor's mental inllness was likely to prevent future employment or that debtor had made a good faith effort to repay the loans.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant student loan creditors, seeking to discharge his student loans based on undue hardship pursuant to 11 U.S.C. § 523(a)(8), due to mental illness and his inability to maintain employment. The bankruptcy court conducted a trial.
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Court
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