Harris v. Banks (In re Banks)
Jan
25
2011
Ruling
Garnished wages in which debtor failed to properly claim exemption was property of the estate.
Procedural posture
A judgment creditor filed a motion for entry of order for a notice of assets. The court treated the motion as an objection to a Chapter 7 debtor's claim of exemptions, which was governed by Fed. R. Bankr. P. 4003(b). The motion challenged the debtor's eligibility for a homestead exemption in garnished wages and in the debtor's 2010 federal tax return under Va. Code Ann. § 34-17(B).
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Court
:
- 11 U.S.C.
Hines v. Wolfe (In re Stillwater Inc.)
Jan
25
2011
Ruling
Real property taxes assessed postpetition on real property held by the debtor's estate constituted administrative expenses.
Procedural posture
Movant, a county treasurer, requested that the full value of accrued real property taxes on property of the estate of a Chapter 7 debtor be allowed as an administrative expense under 11 U.S.C.S. § 503(b)(1)(B).
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Court
:
- 11 U.S.C.
Foreign Affairs Serv. V. Pittman (In re Pittman)
Dec
15
2010
Ruling
Judgment debt was nondischargeable where state court adjudicated necessary elements.
Procedural posture
Plaintiff creditor filed a complaint against defendant Chapter 7 debtors seeking a determination that a state court judgment was nondischargeable under various provisions of 11 U.S.C.S. § 523(a). The creditor filed a motion for summary judgment on the grounds that the doctrine of collateral estoppel precluded the debtors from relitigating factual issues previously decided by the state court.
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Court
:
- 11 U.S.C.
Branch Bank & Trust Co. v. DelFosse (In re DelFosse)
Dec
09
2010
Ruling
Real estate held by revocable living trust of which debtor was a trustor and primary beneficiary was property of the estate.
Procedural posture
Plaintiff bank filed a complaint and defendant debtors answered the complaint. At issue was whether a certain parcel of real estate was property of the estate under 11 U.S.C.S. § 541(a)(1). The debtors created a living trust. One debtor was the primary beneficiary. Acting as trustee for the trust, the debtors acquired fee simple legal title to the property pursuant to a deed from a Virginia general partnership (Trust Deed-In).
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Court
:
Brown Bank I LP v. Ebersole (In re Ebersole)
Dec
01
2010
Ruling
Relief from stay denied on condition that debtor continue timely payments on note.
Procedural posture
Ceditor, a putative holder of a mortgage note secured by pro se respondent bankruptcy debtor's real property, asserted that the debtor failed to provide adequate protection for the mortgage debt, and that the debtor lacked any equity in the property. The creditor moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C.S. § 362(d)(1), (2) to allow foreclosure against the property.
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Court
:
- 28 U.S.C.
In re Frye
Oct
07
2010
Ruling
Debtor with income of less than 150 percent of poverty guidelines granted permission to proceed in forma pauperis.
Procedural posture
A chapter 7 debtor filed an application to proceed in forma pauperis pursuant to 28 U.S.C.S. § 1930.
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Court
:
- 11 U.S.C.
In re Martin
Apr
13
2010
Ruling
Corporation that obtained interest in secured claim originally filed by credit union was bound by terms of confirmed plan.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed an amended plan for repaying their creditors. A corporation that obtained an interest in a secured claim a credit union filed against the debtors' bankruptcy estate filed a claim against the estate. A trustee who was appointed to administer the debtors' bankruptcy estate filed an objection to the corporation's claim.
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Court
:
- 11 U.S.C.
In re Tinsley
Mar
25
2010
Ruling
Debtor was required to claim mileage reimbursement from employer as income but could also claim it as proof of expenses.
Procedural posture
Debtors, including an employee, filed a chapter 13 bankruptcy petition, a reorganization plan, and an amended reorganization plan. Pursuant to 11 U.S.C.S. § 1324, a confirmation hearing was held. The trustee objected to confirmation pursuant to 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
Solt v. Credit Prot. Assn LP (In re Solt)
Mar
23
2010
Ruling
Debtor lacked standing to bring Fair Debt Collection Practices Act action that was property of the estate.
Procedural posture
Plaintiff chapter 7 debtor filed a complaint against defendant, a debt collection agency, alleging that the debt collection agency, prepetition, violated 15 U.S.C.S. § 1692g of the Fair Debt Collection Practices Act (FDCPA). The court held a hearing on the issue of whether it had subject matter jurisdiction to hear the complaint.
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Court
:
McDow v. Williams (In re Williams)
Mar
01
2010
Ruling
Chapter 7 case ordered converted or dismissed based on debtor's incorrect valuation of certain monthly payments.
Procedural posture
The United States Trustee (UST), sought to dismiss chapter 7 debtors' case pursuant to 11 U.S.C.S. § 707(b)(1). The UST relied on either § 707(b)(2) or (b)(3) as a statutory basis for the relief sought.
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Court
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