Northern District

In re Braune

The debtors objected to the trustee's motion to modify their confirmed chapter 13 plan under 11 U.S.C.S. § 1329.
Ruling: 
Proceeds of duly scheduled class action were exempt and not subject to inclusion in trustee's modified plan.
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Consumer case opionion summary, case decided on April 02,2008, LexisNexis #0408-138

In re Owsley

A creditor of above-median-income chapter 13 debtors objected to the confirmation of the debtors' plan, alleging that they understated their disposable income and that the plan had been filed in bad faith, in violation of 11 U.S.C.S. § 1325(a)(3).
Ruling: 
Plan confirmation denied without prejudice due to failure to establish good faith.
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Consumer case opionion summary, case decided on March 31,2008, LexisNexis #0408-090

In re Chestnut Hill Rehab Hosp. LLC

The debtors filed two separate motions for an order to show cause against a union and the American Arbitration Association (AAA). The debtors contented that the union and the AAA had violated the automatic stay imposed by 11 U.S.C.S. § 362 by pursuing certain arbitration proceedings after the bankruptcy petitions were filed.
Ruling: 
Arbitration proceedings pursuant to collective bargaining agreement were not subject to stay.
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Commercial case opionion summary, case decided on March 25,2008, LexisNexis #0508-076

In re Patman Drilling Intl Inc.

Debtor, a Texas corporation, filed a petition under chapter 11 of the Bankruptcy Code, and a secured creditor filed a motion for appointment of a chapter 11 trustee. Other secured creditors joined the motion, while the debtor and the Official Committee of Unsecured Creditors filed objections.
Ruling: 
Chapter 11 trustee appointed to oversee debtor's oil and gas well drilling operations
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Commercial case opionion summary, case decided on March 14,2008, LexisNexis #0408-122

In re Van Dermark

Debtor filed a voluntary petition for relief under chapter 13. Before the court was debtor's objection to the claim of his ex-wife (the claimant).
Ruling: 
Claim entitled to priority as domestic support obligation despite assignment to debtor's former spouse from law firm.
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Consumer case opionion summary, case decided on February 01,2008, LexisNexis #0208-114

In re White

Bankruptcy debtors objected to proofs of claim filed by putative assignees of claims against bankruptcy debtors, on the ground that the proofs of claim failed to include documents evidencing the claims or the assignment of the claims to the assignees as required by Fed. R. Bankr. P. 3001.
Ruling: 
Proofs of claim disallowed due to assignee creditors' inability to establish validity upon debtors'objection.
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Consumer case opionion summary, case decided on January 29,2008, LexisNexis #0208-089

In re Williams

A trustee objected to a debtor's claim of exemption of the entire equity in his homestead and proposed modification to his confirmed chapter 13 plan.
Ruling: 
Debtor could not seek to claim all equity in homestead exempt postconfirmation and then seek to modify plan accordingly.
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Consumer case opionion summary, case decided on December 19,2007, LexisNexis #0108-104

In re Texas Star Indus. Group Ltd. Co.

A creditor of a bankruptcy debtor was oversecured and sought interest on its claim pursuant to 11 U.S.C. § 506(b). The debtor objected to the creditor's claim to the extent that the creditor claimed interest at the default rate of interest set out in loan documents rather than the lower non-default rates.
Ruling: 
Default rate of interest disallowed due to potential harm to junior creditors.
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Commercial case opionion summary, case decided on December 19,2007, LexisNexis #0108-075

In re Margetis

The chapter 13 trustee filed a motion to dismiss the debtor's chapter 13 case for lack of eligibility, pursuant to 11 U.S.C. § 109(e), because the debtor exceeded the debt limit. At issue was a particular default judgment against the debtor which exceeded $800,000 in amount.
Ruling: 
Chapter 13 case dismissed where voidable, but not unliquidated, default judgment caused debtor to exceed debt limits.
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Consumer case opionion summary, case decided on December 14,2007, LexisNexis #0208-036

In re Trammell

A bankruptcy debtor listed a vehicle as community property with the debtor's spouse, but a creditor secured by the vehicle asserted that the vehicle was the sole property of the spouse and was not property of the bankruptcy estate. The creditor moved for relief from the automatic bankruptcy stay to pursue state law remedies with regard to the vehicle.
Ruling: 
Relief from stay not required for creditor to pursue remedies against vehicle that was not property of the estate.
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Consumer case opionion summary, case decided on November 09,2007, LexisNexis #1207-047

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