In re Austin
Feb
12
2008
Ruling
"910" vehicle loan protected from bifurcation as inclusion of negative equity did not defeat purchase money status.
Procedural posture
The debtors in a chapter 13 bankruptcy case objected to the proof of claim filed by a creditor on the ground that it included the amount of negative equity financed during their purchase and financing of a van through the creditor.
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Court
:
- 11 U.S.C.
In re Beach Dev. LP
Jan
23
2008
Ruling
Claim by state court-appointed receiver for equity interest in debtor disallowed.
Procedural posture
A receiver appointed by a state court to take possession of a decedent's equity security interest in a bankruptcy debtor filed a claim in the bankruptcy case, and the administrator of the decedent's estate objected to the receiver's claim.
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Court
:
- 11 U.S.C.
In re Dick
Jan
11
2008
Ruling
Motion to modify plan denied as filed less than 25 days prior to scheduled hearing.
Procedural posture
The debtors filed for bankruptcy relief under chapter 13 of the United States Bankruptcy Code, and a plan was confirmed in March 2006. In November 5, 2007, the chapter 13 trustee filed a motion to dismiss under 11 U.S.C. § 1307(c)(6). The debtors filed a motion to modify their plan.
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Court
:
- 11 U.S.C.
In re Herrerra
Dec
14
2007
Ruling
Post-discharge reaffirmation agreement was unenforceable.
Procedural posture
A debtor filed for relief under chapter 13, and the matter was later converted to a case under chapter 7. The debtor received a discharge under chapter 7 without any objections from any creditors. Post-discharge, the debtor filed a motion to set aside the discharge order so that the debtor could file a reaffirmation agreement between the debtor and a creditor.
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Court
:
- 11 U.S.C.
In re Robles
Dec
13
2007
Ruling
Deceased debtor excused from financial management course requirement.
Procedural posture
A debtor's counsel filed a motion to excuse the deceased debtor in a chapter 7 bankruptcy case from completing a course in personal financial management under 11 U.S.C. §§ 109(H)(4) and 727(a)(11).
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Court
:
In re Eagle Broadband Inc.
Dec
06
2007
Ruling
Application for employment of special corporate counsel denied where on firm attorney had served as debtor's corporate secretary.
Procedural posture
The debtors, 12 related entities, filed for relief under chapter 11 and remained debtors-in-possession. The debtors filed an application for authority to employ special corporate counsel, pursuant to 11 U.S.C. § 327(e). The court issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
Anderson v. Wendt (In re Wendt)
Nov
20
2007
Ruling
Debtor had obligation to convey intent to file bankruptcy while negotiating divorce settlement with former spouse.
Procedural posture
Plaintiff ex-wife filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment finding that a debt the debtor owed was nondischargeable under 11 U.S.C. § 523(a)(2), (4), (5) and (6), and an order denying the debtor's discharge under 11 U.S.C. § 727(a)(4)(C). The case was tried to the court.
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Court
:
In re Buffington
Nov
20
2007
Ruling
Ability to pay a portion of administrative expenses of estate did not justify voluntary dismissal.
Procedural posture
A debtor filed a motion to dismiss his chapter 7 bankruptcy case, pursuant to 11 U.S.C. § 707(a), on the ground that he was able to make a payment toward the administrative expenses of the bankruptcy estate.
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Court
:
In re Harris
Nov
16
2007
Ruling
Creditor not entitled to payment of interest on interest where not provided for in underlying agreement.
Procedural posture
The debtor moved for confirmation of his uniform chapter 13 plan and for valuation of collateral. The mortgage creditor objected to the plan. At issue was whether the agreement between the debtor and that creditor provided for interest to be earned on arrearage of unpaid interest on the loan.
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Court
:
In re Brown
Nov
16
2007
Ruling
Debtor's attorney's fees ordered disgorged due to failure to make sufficient inquiry into debtor's prior filings.
Procedural posture
In an order to show cause, the court directed a debtor's attorney to show cause why his attorney's fees should not be disgorged and why he should not be sanctioned under Fed. R. Bankr. P. 9011(c)(2) for his failure to properly represent the debtor.
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Court
: