In re Tai T. Vuong
Feb
06
2006
Ruling
Creditor's objection to the debtor's claim of exemptions under state law was overruled since the creditor showed no grounds for not allowing the exemptions.
Procedural posture
Debtor filed a voluntary petition for relief under chapter 7. Creditor, the holder of a third deed of trust on some of debtor's real estate, filed an objection to the debtor's claim of exemptions.
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Court
:
- 11 U.S.C.
In re Johnson
Feb
02
2006
Ruling
Debtors could not strip down in a chapter 13 plan a secured creditor's purchase money security loans on vehicles purchased for the debtors'personal use within 910 days of filing.
Procedural posture
Creditor filed an objection to confirmation of the debtors'proposed chapter 13 plan regarding treatment of its secured claim in the debtors'vehicle. The creditor argued that the vehicle debt could not be crammed down under the terms of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
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Court
:
- FRBP
In re Bingaman
Feb
02
2006
Ruling
Creditor was allowed to examine the debtors for their acts, conduct, or property sinc e the creditor was a party in interest.
Procedural posture
Movant debtors sought an order protecting them from a Fed. R. Bankr. P. 2004 examination scheduled by non-movant creditor.
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Court
:
McDow v. Geddings (In re Geddings)
Jan
27
2006
Ruling
Debtors were denied discharge since the debtors were deemed to have intended to defraud by not disclosing transferred property and by filing inaccurate documentation.
Procedural posture
Plaintiff U.S. trustee brought an adversary proceeding against defendant chapter 7 debtors, seeking denial of their discharge pursuant to 11 U.S.C. § 727(a). The trustee moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Ball
Jan
25
2006
Ruling
Debtors were granted automatic stay extension for chapter 13 case filed shortly after chapter 7 discharge since the debtors appeared to be acting in good faith to address the mortgage debt.
Procedural posture
The debtors initiated a proceeding for relief under chapter 13. The debtors had filed two earlier petitions for relief under chapter 13 and under chapter 7, and the debtors had received a chapter 7 discharge in October 2005. The debtors filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B), the creditor objected to the extension.
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Court
:
- 11 U.S.C.
In re Beaver
Jan
24
2006
Ruling
Court held that the debtor was not limited to making preconfirmation direct payments to provide adequate protection to the creditor of a security interest and approved an agreed-on preconfirmation installment payment plan.
Procedural posture
Petitioner creditor filed a motion for preconfirmation adequate protection of its security interests in vehicles owned by one of respondent debtors. The debtors objected that adequate protection could be provided by means other than the direct payments requested.
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Court
:
- 11 U.S.C.
In re Mark
Jan
23
2006
Ruling
Debtor was granted a motion to extend an automatic stay from prior filing since the debtor demonstrated good faith in new filing.
Procedural posture
Debtor individual filed for chapter 13 bankruptcy protection. Debtor then moved to extend the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B). The bankruptcy court held a hearing on the motion.
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Court
:
- 11 U.S.C.
Randle v. Highfill (In re Highfill)
Jan
23
2006
Ruling
Portion of debt owed to spouse was deemed nondischargeable since the debtor could pay about half of the debt and the debtor's continued use of an equity line of creditor for which the spouse was still obligated demonstrated bad faith.
Procedural posture
Plaintiff creditor, the spouse of defendant bankruptcy debtor, brought an adversary proceeding seeking nondischargeability of marital debts the debtor agreed to pay in the parties'separation agreement, pursuant to 11 U.S.C. § 523(a)(5) and (15). The bankruptcy court conducted a trial.
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Court
:
- 11 U.S.C.
In re Council
Jan
20
2006
Ruling
Automatic stay extension was granted from a prior chapter 13 case since the debtors showed that although they had not complied with the prior plan, that non-compliance was due to a job loss and their second filing was made in good faith.
Procedural posture
A prior bankruptcy of debtors, husband and wife, was dismissed upon the debtors'failure to make payments due under their confirmed chapter 13 plan. The debtors subsequently filed a second chapter 13 petition and moved to extend the automatic bankruptcy stay pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
:
- FRBP
In re Jaraki
Jan
20
2006
Ruling
Debtor's objection to a settlement of undisclosed litigation was overruled s ince the settlement provided for more recovery than was likely to occur and, thus, was in the best interest of the estate.
Procedural posture
A bankruptcy debtor was discharged but his case was reopened upon discovery of a pending state litigation by the debtor which was not disclosed in the bankruptcy. The trustee moved for approval of a settlement of the litigation for $12,500 pursuant to Fed. R. Bankr. P. 9019, the debtor objected to the settlement on the ground that the value of the litigation substantially exceeded the settlement.
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Court
: