Skip to main content

Page Banner(Taxonomy)

judge krumm

Singer Asset Fin. Co. LLC v. Mullins (In re Mullins)

Ruling
Unemployed debtor who nonetheless had sufficiently stable and regular income was eligible under chapter 13.
Procedural posture

Creditor alleged that chapter 13 debtor failed to qualify as a chapter 13 debtor because she failed to satisfy the chapter 13 eligibility requirements set forth in 11 U.S.C. § 109(e).

ABI Membership is required to access the full summary of Singer Asset Fin. Co. LLC v. Mullins (In re Mullins) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on February 12, 2007 , LexisNexis #0307-124

In re Luders

Ruling
Submission of paystubs 45 days after petition was not grounds for automatic dismissal.
Procedural posture

The chapter 13 trustee filed a notice of the debtors'failure to comply with 11 U.S.C. § 521(a)(1)(B)(iv) and requested that the case be automatically dismissed, pursuant to section 521(i)(1).

ABI Membership is required to access the full summary of In re Luders Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on November 27, 2006 , LexisNexis #0107-047

In re Winters

Ruling
Stay imposed in debtors'third case in one-year period due to favorable change in debtors'financial position.
Procedural posture

Because the debtors had two cases pending within the year preceding this case, the automatic stay did not go into effect when they filed. Accordingly, the debtors filed a motion to impose the automatic stay pursuant to 11 U.S.C. § 362(c)(4).

ABI Membership is required to access the full summary of In re Winters Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on November 22, 2006 , LexisNexis #0107-041

In re Smith

Ruling
Prepetition errors and financial mismanagement were not grounds for substantial abuse dismissal.
Procedural posture

The United States Trustee filed a motion, pursuant to 11 U.S.C. § 707(b), to dismiss the debtors'chapter 7 petition for substantial abuse.

ABI Membership is required to access the full summary of In re Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on November 16, 2006 , LexisNexis #1206-068

Wolfe v. Farrior (In re Farrior)

Ruling
Court declared disclaimer void and ordered trustee to adminster debtor's interest in property as property of estate.
Procedural posture

Plaintiff trustee filed a complaint to sell defendant debtors'real property free and clear of liens and defendant co-owner's interest, pursuant to 11 U.S.C. § 363(h) and Fed. R. Bankr. P. 6004.

ABI Membership is required to access the full summary of Wolfe v. Farrior (In re Farrior) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on April 20, 2006 , LexisNexis #0706-053