- 11 U.S.C.
In re Holsinger
Feb
27
2012
Ruling
Exigent circumstances exception to credit counseling requirement denied where debtor had made no effort to obtain counseling.
Procedural posture
A debtor filed a certification of exigent circumstances with her chapter 13 petition seeking an exception to the requirement that she obtain credit counseling prior to filing her petition pursuant to 11 U.S.C.S. § 109(h)(3).
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In re Forster
Jan
03
2012
Ruling
Involuntary petition dismissed where two of three petitioning creditors held a single claim.
Procedural posture
Three listed petitioning creditors (petitioners), debtor's former wife and her parents, filed an involuntary petition against debtor. Debtor contested the petition. Debtor asked for dismissal and for imposition of damages pursuant to 11 U.S.C.S. § 303(i). A hearing was held.
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Beskin v. Knupp (In re Knupp)
Jul
26
2011
Ruling
Discharge revoked due to debtor's failure to disclose inheritance received less than two months after petition date.
Procedural posture
Plaintiff Chapter 13 trustee filed a complaint seeking revocation of defendant debtor's discharge under 11 U.S.C.S. § 1328(e).
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:
- 11 U.S.C.
In re Cooke
Jul
26
2011
Ruling
Debt that was held nondischargeable in prior chapter 7 case but was not a domestic support order was dischargeable in subsequent chapter 13 case.
Procedural posture
The chapter 13 debtors filed an objection to a claim filed by a creditor, the debtor husband's former wife. The creditor asserted that the debt owed to her by the debtor husband was a domestic support obligation and thus, should be given priority treatment.
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Court
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- 11 U.S.C.
McDow v. Carbaugh (In re Carbaugh)
Jun
29
2011
Ruling
Discharge denied due to debtor farmer's failure to disclose accounts, equipment or hay.
Procedural posture
In this chapter 7 case, the United States Trustee (UST) filed an Objection to Discharge, asserting that the debtor should be denied discharge under 11 U.S.C.S. § 727(a)(2) or § 727(a)(4).
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- 11 U.S.C.
Didlake v. Wachovia Bank (In re Didlake)
Jun
29
2011
Ruling
Credit line deed of trust secured solely by debtor's principal residence could not be modified by plan.
Procedural posture
Chapter 13 debtors filed a complaint against defendant creditor pursuant to 11 U.S.C.S. § 506(a) seeking to determine the value of the creditor's secured interest in property owned by the debtors. The creditor failed to respond to a summons and notice of pre-trial conference and was in default, but the court exercised its discretion not to enter a default judgment.
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- 11 U.S.C.
In re Glebe Inc.
May
03
2011
Ruling
Creditor not entitled to administrative expense claim for postpetition therapy services provided to debtor rehabilitation center's residents.
Procedural posture
Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code, and a claimant filed a claim in the amount of $19,000 against the debtor's bankruptcy estate and asked the court to treat its claim as an administrative expense claim under 11 U.S.C.S. § 503. The claimant's motion was unopposed.
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Court
:
- 11 U.S.C.
In re Burnett
Apr
28
2011
Ruling
Prepetition purchaser of property occupied by debtor granted relief from stay to proceed with eviction.
Procedural posture
Debtor filed a petition under Chapter 11 of the Bankruptcy Code, and movant, a homes company that acquired title to real property the debtor occupied, filed a motion seeking relief under 11 U.S.C.S. § 362 from the automatic stay so it could proceed to state court and evict the debtor. The debtor filed an objection to the motion, and the court held a hearing on the motion and the debtor's objection.
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Court
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Mitchem v. Branch Banking & Trust Co. (In re Mitchem)
Apr
01
2011
Ruling
Note partially secured by equity in debtor's property could not be avoided.
Procedural posture
Chapter 13 debtors filed complaints against defendant creditor seeking to have a note declared to be unsecured under 11 U.S.C.S. § 506(a) and to have the note avoided under 11 U.S.C.S. § 506(d). The debtors contended that the value of the property was less than the amount owed on a promissory note and first deed of trust.
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Court
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In re Neilsen
Feb
07
2011
Ruling
Relief from stay to allow return of garnished wages to creditor and to allow creditor to proceed with collection efforts related to a nondischargeable debt denied.
Procedural posture
A creditor filed a motion that the court treated as two separate motions: (1) a motion to reconsider a prior order denying the creditor's motion for relief from stay and objection to motion to quash garnishment; and (2) a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d) so that garnished wages could be returned to him and so that he could proceed with collection efforts related to a nondischargeable debt.
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Court
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