- 11 U.S.C.
In re Isom
Jul
17
2007
Ruling
Reaffirmation agreement approved upon debtor's certification that there was no undue hardship.
Procedural posture
A debtor filed a petition under chapter 7 and filed a motion which asked the court to approve a reaffirmation agreement. The court held a hearing on the debtor's request.
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Court
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In re Pajot
Jul
17
2007
Ruling
Hanging paragraph allowed debtor to bifurcate portion of secured debt that did not represent a purchase money security interest.
Procedural posture
A secured creditor in each of four chapter 13 cases objected to confirmation of the debtors'proposed chapter 13 plans, alleging that the plans attempted to bifurcate the relevant secured creditor's claim into an unsecured and a secured portion, contrary to 11 U.S.C. § 1325(a) (hanging paragraph referencing paragraph 5).
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Court
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In re Bilter
Jul
16
2007
Ruling
Finding of ineligibility under chapter 13 did not prevent voluntary conversion to chapter 7.
Procedural posture
The debtor originally filed for relief under chapter 13 and then sought to voluntary convert the matter to a proceeding under chapter 7. One of the creditors objected to the debtor's notice of voluntary conversion.
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Court
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National Emergency Servs. v. Williams
Jun
19
2007
Ruling
Court could not exercise equitable subordination of claim in case where there was to be no distribution of assets.
Procedural posture
Appellant filed an adversary complaint to subordinate claim under 11 U.S.C. § 510(c) in the bankruptcy court. Appellee moved to dismiss the adversary complaint. The chapter 11 trustee and debtor had agreed the bankruptcy case should be dismissed once the instant case concluded. The bankruptcy court dismissed appellant's complaint for failure to state a cause of action. Appellant filed an appeal.
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Court
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In re Sawyer
Jun
13
2007
Ruling
Case dismissed due to debtor's bad faith filing with primary purpose of collaterally attacking judgments.
Procedural posture
Pro se bankruptcy debtor, a disbarred attorney, proposed a chapter 13 plan which provided for avoidance of judgment liens of major creditors arising from litigation involving an attorney fee dispute in which the debtor did not prevail. The trustee and one of the judgment creditors moved to dismiss the debtor's case for lack of good faith.
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Court
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Valley Historic Ltd. Pship v. Bank of New York
May
17
2007
Ruling
Postconfirmation adversary proceeding brought by debtor against bank for breach of contract was not related to bankruptcy.
Procedural posture
Appellant debtor sought review of a decision of the District Court for the Eastern District of Virginia, which determined that a bankruptcy court lacked jurisdiction, pursuant to 28 U.S.C. § 1334(b), over the debtor's postconfirmation adversary proceeding against appellee bank for breach of contract and for tortious interference.
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In re Lee
May
16
2007
Ruling
Court approved settlement by which trustee abandoned debtor's interest in real estate held as tenant in common with former spouse in exchange for payment from spouse.
Procedural posture
Movant, the chapter 7 trustee, asked the court to approve a settlement that the trustee proposed to enter into with an individual who co-owned real estate with a chapter 7 debtor. The co-owner was also debtor's ex-husband. At issue was whether the proposed settlement was proper under 11 U.S.C. § 363(h).
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Court
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In re Kenney
May
11
2007
Ruling
Creditors could not claim deficiency in vehicle surrendered by debtor under hanging paragraph.
Procedural posture
Creditors objected to the confirmation of each of two chapter 13 debtors'plans, on the basis that the "hanging paragraph" at the end of 11 U.S.C. § 1325(a) did not permit the debtors to surrender their vehicles to the creditors in full satisfaction of the amounts owed to the creditors, even though the debtors owed more money than the vehicles were worth.
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Court
:
- 11 U.S.C.
In re Lynch
May
08
2007
Ruling
Debtor could deduct ownership expense on Form B22C for vehicle owned free and clear.
Procedural posture
Chapter 13 trustee objected to confirmation of the above-median income debtor's plan on the grounds that the plan did not comply with the requirement of 11 U.S.C. § 1325(b)(1)(B) that all of a debtor's disposable income be committed to the funding of a chapter 13 plan.
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Court
:
In re Griffiths
May
03
2007
Ruling
Surrender of vehicle allowed in full satisfaction of secured claim where creditor failed to file timely objection to confirmation.
Procedural posture
A debtor listed in his chapter 13 plan a debt owed to a creditor and stated in the plan that he was going to surrender the collateral in full satisfaction of the debt. The creditor filed a claim for the deficiency, and the debtor objected to that claim.
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Court
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