- 11 U.S.C.
In re Surety Capital Corp.
Oct
16
2008
Ruling
Bonus to management firm on sale of bank owned by the estate approved over objection as provided for in chapter 11 plan.
Procedural posture
An interested party (objector) filed an objection to debtor's first amended plan of reorganization as modified. While several objections were filed, the only objection remaining for disposition related to debtor's proposed payment of a $50,000 bonus to debtor's chairman who was also a member of a firm that was providing management services to debtor under a consulting agreement. The plan had been confirmed pending a ruling on the bonus claim.
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Court
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In re Polly
Aug
08
2008
Ruling
Chapter 13 debtor could voluntarily dismiss case at any time even when motion to convert to chapter 7 pending.
Procedural posture
A party in interest (PIA) filed a motion to reconsider an order, which granted a debtor's motion to dismiss the chapter 13 case, pursuant to 11 U.S.C.S. § 1307(b).
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Court
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- 11 U.S.C.
In re Chestnut
Jul
29
2008
Ruling
Creditor bound by terms of confirmed plan to release lien upon repayment.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and an amended plan for repaying his creditors. After the debtor met all requirements for repaying one of his creditors under his plan, the creditor refused to release a lien on real property. The debtor filed a motion for an order enforcing his plan and requiring the creditor to release its lien, and his wife joined that motion. The creditor opposed the motion.
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Court
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- 11 U.S.C.
In re Beyer
Jul
15
2008
Ruling
Lien on marital residence pursuant to divorce decree was not avoidable as impairing debtor's homestead exemption.
Procedural posture
A chapter 13 debtor filed a motion to avoid a judgment lien pursuant to 11 U.S.C.S. § 522(f)(1)(A) and Fed. R. Bankr. P. 4003(d). Respondent creditor, the debtor's former wife, opposed the motion.
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Court
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In re Steele
Jun
12
2008
Ruling
Negative equity in vehicle loan was not part of purchase money security interest and could be bifurcated under hanging paragraph.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors. A creditor filed an objection to confirmation of the debtor's plan.
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Court
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In re McCarthy
Jun
11
2008
Ruling
Early discharge granted over trustee's objection due to completion of payments after sale of property.
Procedural posture
Before the court was debtor's certification and motion for entry of chapter 13 discharge pursuant to 11 U.S.C.S. § 1328(a). Debtor asserted that he had completed all payments required under his confirmed chapter 13 plan. The standing chapter 13 trustee filed a response in which he asserted that debtor should not be granted a discharge because he had not completed the 60-month term of the Plan.
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Court
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- 11 U.S.C.
Texas AG v. Brown (In re Fort Worth Osteopathic Hosp. Inc.)
Apr
30
2008
Ruling
Ipso facto clause in debtor's D&O policy precluded any recovery by trustee on behalf of creditors.
Procedural posture
The plaintiff in the first action, the Attorney General of Texas, who sought to recover proceeds from policies insuring defendant directors and officers of debtor hospital, moved for partial summary on the issue that the application of 11 U.S.C.S. § 541(c)(1) did not invalidate an ipso facto endorsement in the insurance policies. Defendant trustee sought recovery under the policies for the benefit of the creditors.
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Court
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In re Graham
Apr
15
2008
Ruling
Debtor could not deduct payments on vehicles intended for surrender.
Procedural posture
After debtors, a husband and wife, proposed a chapter 13 plan, the Chapter 13 Standing Trustee filed an objection thereto. At issue was whether 11 U.S.C.S. § 707(b) was properly understood to require a "forward looking" analysis of a debtor's expenses as well as its projected disposable income over the same period.
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Court
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In re Graham
Apr
15
2008
Ruling
Chapter 13 plan confirmation denied due to failure to utitlize "forward-looking" analysis of debtor's expenses.
Procedural posture
After debtors, a husband and wife, proposed a chapter 13 plan, the Chapter 13 Standing Trustee filed an objection thereto. At issue was whether 11 U.S.C.S. § 707(b) was properly understood to require a "forward looking" analysis of a debtor's expenses as well as its projected disposable income over the same period.
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Court
:
- 11 U.S.C.
In re Braune
Apr
02
2008
Ruling
Proceeds of duly scheduled class action were exempt and not subject to inclusion in trustee's modified plan.
Procedural posture
The debtors objected to the trustee's motion to modify their confirmed chapter 13 plan under 11 U.S.C.S. § 1329.
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Court
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