Judge Parker

In re Oliveira

Two debtors filed separate actions under chapter 13, and plans for repaying their creditors. A creditor filed an objection to both plans, claiming that the debtors should not be allowed to bifurcate a secured claim the creditor held on each home into secured and unsecured portions because the debtors used the homes as their principal residence.
Ruling: 
Security interest in manufactured home but not in underlying real property was not protected from modification.
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Consumer case opionion summary, case decided on October 12,2007, LexisNexis #0108-017

In re Oliveira

A creditor objected to the confirmation of debtors' chapter 13 plans proposed in their respective cases. The creditor contended that its debts, which were secured only by perfected security interests in the debtors'manufactured homes but not by the real property upon which the homes were situated, was protected from modification under 11 U.S.C. § 1322(b)(2).
Ruling: 
Loans secured by security interest in manufactured homes, but not real property on which they were situated, were not protected from bifurcation.
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Consumer case opionion summary, case decided on October 11,2007, LexisNexis #1107-085

In re Sadler

A chapter 13 trustee objected to the confirmation of debtors'plan on the grounds that were not applying all of their projected disposable income to make payments to unsecured creditors as required by 11 U.S.C. § 1325(b) and that the plan was not proposed in good faith in violation of 11 U.S.C. § 1325(a)(3).
Ruling: 
Confirmation denied due to failure to provide evidence for vehicle operation expense and excessive 10% deduction of plan payments.
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Consumer case opionion summary, case decided on October 09,2007, LexisNexis #1107-089

In re Charles

A debtor filed for relief under chapter 13 and submitted a proposed plan. A chapter 13 trustee objected to confirmation of the plan on the grounds that the debtor was not applying all of her projected disposable income for the first three years of the plan, in contravention of 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Contributions of non-debtor spouse limited to actual household expenses paid for debtor's benefit so that no step up in payments was required once spouse paid off auto loan.
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Consumer case opionion summary, case decided on September 18,2007, LexisNexis #0108-001

McNally v. Echart (In re Echart)

Plaintiff chapter 7 trustee sought to revoke the discharge of defendant chapter 7 debtors pursuant to 11 U.S.C. § 727(d)(2).
Ruling: 
Discharge revoked due to debtors'knowing failure to turn refund over to trustee.
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In re Adaway

Debtor proposed a second amended chapter 13 plan and sought its confirmation. Debtor's plan proposed to bifurcate creditor vehicle lender's claim into secured and unsecured components. The lender objected, arguing that its claim was protected from 11 U.S.C. § 506 bifurcation by the "dangling paragraph" following 11 U.S.C. § 1325(a)(9).
Ruling: 
Debt on vehicle purchased for transportation needs of non-debtor spouse while debtor was on extended absence for work was not subject to the "hanging paragraph"and could be bifurcated.
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In re W.B.S.S. LP

Movants filed a motion for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(2) to foreclose their judgment lien upon chapter 11 debtor's property interests.
Ruling: 
Relief from stay granted to allow foreclosure of judgment lien on property necessary to fund reorganization where debtor had made no genuine efforts to fund plan.
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Evans v. Ottimo

In an adversary proceeding commenced by plaintiff creditor, the Bankruptcy Court for the Eastern District of New York denied the creditor's summary judgment motion. Reversing the bankruptcy court's decision, the District Court for the Eastern District of New York held that collateral estoppel barred defendant debtors from relitigating whether a debt was nondischargeable under 11 U.S.C. § 523(a). The debtors appealed.
Ruling: 
District court properly reversed bankruptcy court and held that collateral estoppel barred debtors from contesting issue of fraud.
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In re Allen

Debtors proposed a chapter 13 plan and sought confirmation. The court sua sponte questioned the propriety of confirming a plan, even in the absence of an objection from an affected secured creditor, that proposed a bifurcation of a claim into secured and unsecured components when such claim was entitled to protection from bifurcation under 11 U.S.C. § 506 by the "dangling paragraph" following 11 U.S.C. § 1325(a)(9).
Ruling: 
Confirmation denied due to failure to recognize creditor's rights under hanging paragraph.
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Parks v. Scott (In re Steele)

A bankruptcy trustee filed an adversary proceeding pursuant to 11 U.S.C. § 548(a) to avoid an alleged fraudulent transfer by debtor to defendant domestic partner of the debtor's interest in a pickup truck, a boat, and a trailer (collectively referred to as the "property"). The trustee sought to avoid the transfer as it was without receipt of reasonably equivalent value while the debtor was insolvent.
Ruling: 
Trustee was entitled to recover debtor's equitable interest in vehicle fraudulent transferred to debtor's domestic partner.
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