- 11 U.S.C.
Robbins v. Jennings (In re Brown)
Jan
24
2014
Ruling
Financial advisor acted as a bankruptcy petition preparer and was sanctioned for preparing disclosure statement for debtor client.
Issue(s)
Should financial services provider be sanctioned as a bankruptcy petition preparer for improperly preparing disclosure statement for debtor client.
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Court
:
- 11 U.S.C.
Dotson v. United Recovery Group (In re Dotson)
Oct
16
2013
Ruling
Debt collector retained by bank violated discharge injunction.
Issue(s)
Did debt collector hired by bank willfully violate discharge injunction by contacting debtor regarding discharged debt.
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Court
:
- 11 U.S.C.
In re Niday
Aug
27
2013
Ruling
Chapter 13 debtor could not accelerate payments to shorten plan absent modification.
Issue(s)
Whether a below-median income chapter 13 debtor had an unqualified right to pay off the remaining payments he owed under his plan to shorten the length of the plan and obtain an early discharge, when the total of the remaining payments would not be sufficient to pay all allowed unsecured claims in full.
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Court
:
- 11 U.S.C.
In re Owens
Aug
09
2013
Ruling
Reopening case to allow for reaffirmation denied.
Issue(s)
Whether debtor could reopen bankruptcy case to enter in to a reaffirmation agreement with a mortgage company.
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Court
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In re Byington
Jun
13
2011
Ruling
Debtor's counsel not entitled to fees related to proceedings concerning inadequate disclosure.
Procedural posture
Chapter 11 debtors, individuals, filed an application to employ legal counsel. The United States Trustee filed an objection to employment on the basis of inconsistent and inaccurate disclosures regarding the pre-petition services rendered by the firm to the debtors, including the nondisclosure of the payment of the $1,039 filing fee on debtor's behalf, by the debtor's son from his corporate account.
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Court
:
McDow v. Meade (In re Meade)
Nov
13
2009
Ruling
Case ordered converted to chapter 13 or dismissed for abuse due to sufficient disposable income to fund plan.
Procedural posture
The U.S. Trustee (UST) filed a Motion to dismiss debtors' voluntary chapter 7 petition on the ground that the petition was an abusive filing. The Motion was tried on August 6, 2009, after which the court took the matter under advisement, allowing the parties to submit written arguments.
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Court
:
- 11 U.S.C.
American Express Bank v. Cook (In re Cook)
Aug
28
2009
Ruling
Credit card debt incurred to pay business-related taxes was nondischargeable.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, claiming that credit card charges in the amount of $ 6,056 the husband incurred were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) (Count I), that part of that debt was also nondischargeable under 11 U.S.C.S. § 523(a)(14) (Count II). The parties filed cross-motions for partial summary judgment on Count II.
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Court
:
In re Lephew
Nov
09
2007
Ruling
Debtors with income below 150% of poverty line who had filing fee at petition date but spent the funds prior to hearing denied waiver.
Procedural posture
Chapter 7 debtors filed an application for a waiver of the chapter 7 filing fee pursuant to 28 U.S.C. § 1930(f).
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Court
:
In re Phillips
Aug
20
2007
Ruling
Debtor who claimed non-necessary expenses and received tax refund not entitled to waiver of filing fee.
Procedural posture
Debtors'filed an application for a waiver of a chapter 7 filing fee, pursuant to 28 U.S.C. § 1930(f).
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Court
:
In re Almond
Apr
03
2006
Ruling
Trustee's motion to dismiss case was granted due to debtor understatement of spouse's income and to debtor incurring consumer debt beyond means.
Procedural posture
In this chapter 7 action, the trustee filed a motion to dismiss pursuant to 11 U.S.C. § 707(b).
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Court
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