In re Howell
Nov
19
2007
Ruling
Trustee could not object to amendment of term of plan without alleging bad faith.
Procedural posture
Chapter 13 trustee objected to confirmation of the an amended chapter 13 plan filed by the debtors after confirmation of the original plan, on the grounds that the debtors could not amend the plan pursuant to 11 U.S.C. § 1329(a) to shorten the length of the plan to less than 60 months.
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Court
:
- 11 U.S.C.
In re Fells
Oct
23
2007
Ruling
Lien on mobile home that was debtors' principal residence could not be bifurcated.
Procedural posture
The debtors filed for relief under chapter 13 and submitted a proposed plan. A creditor filed an objection to the proposed plan. The court issued findings of fact and conclusions of law.
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Court
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In re Bradlee
Oct
10
2007
Ruling
Secured claim in 910 vehicle that included negative equity was still a purchase money security interest and protected from cramdown by hanging paragraph.
Procedural posture
A creditor objected to the debtors'chapter 13 plan on the ground that its full secured claim qualified for treatment under 11 U.S.C. § 1325(a) with interest and, thus, could not be modified through a cramdown.
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Court
:
- 11 U.S.C.
Community Trust Bank v. Warren (In re Warren)
Jun
15
2007
Ruling
Payments under restitution agreement based on debtor's bank fraud was nondischargeable.
Procedural posture
Plaintiff creditor, the bank that had financed an auto dealer's floor plan, asserted that the obligations of debtor, the manager of the dealership, were nondischargeable pursuant to 11 U.S.C. § 523(a)(2), (4) and (13); the parties filed cross-motions for summary judgment. The debtor argued that the creditor's claims were time barred.
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Court
:
- 11 U.S.C.
Fontenot v. Cage (In re Cage)
Jun
08
2007
Ruling
Claim based on debtor's negligent acts was not result of willful and malicious conduct and was dischargeable.
Procedural posture
Plaintiffs, accident victims, filed an adversary proceeding against defendant debtor seeking a determination that their debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(6) and (a)(9). The debtor moved for summary judgment.
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Court
:
Willson v. Hudnall (In re Hudnall)
Apr
27
2007
Ruling
Discharge denied due to debtor's transfers to hinder, delay or defraud creditors and failure to keep financial records.
Procedural posture
Plaintiff chapter 7 trustee filed a motion for summary judgment on a complaint against defendant debtor, which sought a determination that the debtor should be denied a discharge under 11 U.S.C. § 727(a)(2), (a)(3), (a)(4) and (a)(7).
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Court
:
In re Joseph
Mar
20
2007
Ruling
Vehicle used for commuting but not for work related duties was for personal use so that debtors could not invoke hanging paragraph.
Procedural posture
The debtors filed for relief under chapter 13. The creditor filed a claim based on a financing agreement made for the debtor's car. The creditor claimed that the car was acquired for personal use pursuant to 11 U.S.C. § 1325(a) and that the value of the creditor's claim could not be reduced to the value of the vehicle. The debtors objected to the creditor's claim.
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Court
:
- 11 U.S.C.
Friendly Fin. Service-Eastgate Inc. v. Dorsey
Feb
22
2007
Ruling
Bankruptcy court had authority to enjoin creditor from filing adversarial proceedings following several frivolous complaints.
Procedural posture
Appellant creditor challenged a judgment of the bankruptcy court, which denied the creditor's objections to the dischargeability of debts of appellee debtor and enjoined the creditor and its affiliates from filing any complaint under 11 U.S.C. §§ 523 or 727 in the Monroe or Alexandria Divisions unless it obtains leave of the bankruptcy court.
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Court
:
Gill v. Hodgen (In re Hodgen)
Sep
28
2006
Ruling
Discharge revoked where property transferred to allegedly to satisfy debt was reconveyed back to debtors after discharge.
Procedural posture
Chapter 7 debtors filed a motion to dismiss creditors'complaint, which sought to avoid a discharge of debts arising from actual fraud and willful and malicious damage to property.
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Court
:
In re Keaty
Sep
14
2006
Ruling
Non-coercive, non-harrassing, postpetition settlement offer, following pattern of prepetition talks, did not violate stay.
Procedural posture
Chapter 13 debtor moved for sanctions against a certain individual, claiming the individual violated the automatic stay under 11 U.S.C. § 362(a). Debtor alleged, inter alia, that a certain person, on behalf of the individual, contacted an attorney representing debtor in a matter not related to the instant case, regarding settlement of the individual's claim against debtor.
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Court
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