- 11 U.S.C.
In re Herman
Feb
24
2009
Ruling
Discharge denied due to debtor's concealment of assets and false statements.
Procedural posture
Plaintiff judgment creditors brought an adversary proceeding against defendant bankruptcy debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(2), (4) based on the debtor's transfer and concealment of assets and the debtor's omissions in her bankruptcy schedules.
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Court
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Goldberg v. Clay (In re Smith)
Dec
09
2008
Ruling
Referral fee paid to debtor's attorney upon settlement of debtor's civil action ordered disgorged.
Procedural posture
Plaintiff chapter 7 trustee sought the disgorgement of a referral fee received in the post-petition period by defendant, chapter 7 debtor's bankruptcy attorney, on the grounds that the fee was received in violation of 11 U.S.C.S. § 504(a).
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Court
:
Neary v. Guillet (In re Guillet)
Dec
09
2008
Ruling
Debtor's questionable transfers of funds to Nigeria were not grounds for denial of discharge absent evidence of intent to defraud creditors.
Procedural posture
Plaintiff United States trustee filed a complaint against defendant chapter 7 debtors, a husband and wife, seeking to deny the entry of a chapter 7 discharge pursuant to 11 U.S.C.S. § 727(a)(2), § 727(a)(3), or § 727(a)(5).
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Court
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Neary v. Guilleet (In re Guillet)
Oct
29
2008
Ruling
Debtor's transfer of funds to Nigerian scam was not grounds for denial of discharge.
Procedural posture
Plaintiff sued defendant chapter 7 debtors, seeking to deny the entry of a discharge pursuant to 11 U.S.C.S. §§ 727(a)(2), (a)(3), or (a)(5) because of the debtors'involvement in an apparent Nigerian money scam. The court held a trial.
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Court
:
- 11 U.S.C.
In re Sanford
Jul
02
2008
Ruling
Confirmation denied due to debtor's proposal to pay secured claim directly to IRS instead of through chapter 13 trustee.
Procedural posture
The second amended chapter 13 plan filed by the debtors came on for confirmation. The creditor, the Internal Revenue Service (IRS) filed objection thereto, challenging the debtors' proposal that they would disburse payments, and otherwise did not comply with 11 U.S.C.S. §§ 1325(a)(5) and 1326(b).
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Court
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- 11 U.S.C.
In re Long
Apr
25
2008
Ruling
Above median debtor not permitted to deduct payments on surrendered vehicle.
Procedural posture
The debtor moved for confirmation of her chapter 13 plan. The chapter 13 trustee objected to the confirmation of the plan on the ground that the debtor was not applying all of her projected disposable income to payments for the benefit of unsecured creditors in contravention of 11 U.S.C.S. § 1325(b)(1)(B). The debtor sought to deduct a secured debt payment for collateral that was being surrendered.
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Court
:
- 11 U.S.C.
In re Oliveira
Oct
12
2007
Ruling
Security interest in manufactured home but not in underlying real property was not protected from modification.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Oliveira
Oct
11
2007
Ruling
Loans secured by security interest in manufactured homes, but not real property on which they were situated, were not protected from bifurcation.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Sadler
Oct
09
2007
Ruling
Confirmation denied due to failure to provide evidence for vehicle operation expense and excessive 10% deduction of plan payments.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Charles
Sep
18
2007
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.
Procedural posture
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).
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Court
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