In re Barfknecht
Nov
07
2007
Ruling
Social Security benefits excluded from calculation of below-median debtor's projected disposable income.
Procedural posture
Before the court was the trustee's objection to the confirmation of the chapter 13 debtors'plans.
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Court
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In re Sanders
Oct
18
2007
Ruling
Secured claim against "910 vehicle" was not protected from bifurcation due to inclusion of negative equity in addition to purchase money debt.
Procedural posture
A creditor of a chapter 13 debtor objected to confirmation of the debtor's plan, on the grounds that the plan did not accord to it proper treatment of its secured claim on a motor vehicle under 11 U.S.C. § 1325(a) (hanging paragraph referencing paragraph 5).
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Court
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In re East Houston Apts. LLC
Sep
10
2007
Ruling
Relief from stay granted to allow creditor to take steps to secure debtor's unfinished apartment complex.
Procedural posture
A creditor, the assignee of a bank note given by a debtor, sought relief from the automatic stay under 11 U.S.C. § 362(d) in order to exercise its right under applicable law with respect to the debtor's property, an unfinished apartment complex.
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Court
:
- 11 U.S.C.
In re Cal Data Sys.
Sep
07
2007
Ruling
Trustee could not use creditor's cash collateral to investigate lawsuit absent quantifiable direct benefit to creditor.
Procedural posture
A debtor corporation filed for relief under chapter 7. A chapter 7 trustee sought to use the cash collateral from a creditor in order to investigate whether there was any benefit to the estate of going forward with a lawsuit commenced prepetition by the debtor, pursuant to 11 U.S.C. § 506.
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Court
:
- 11 U.S.C.
In re Oaktree Imaging LP
Sep
06
2007
Ruling
Sale of aged MRI machine that could not be moved easily along with real property to physician approved as serving sound business purpose.
Procedural posture
The chapter 7 trustee filed a motion under 11 U.S.C. § 363(b)(1) to sell the estate's interest in all the physical assets scheduled by the debtor, including an MRI machine, to a physician for $50,000. A party objected to the sale of the MRI machine.
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Court
:
- 28 U.S.C.
In re Eadie
Jul
24
2007
Ruling
Debtor whose income exceeded poverty guidelines was not entitled to waiver of filing fee.
Procedural posture
The debtor filed with her petition an application for waiver of the chapter 7 filing fee, claiming qualification under 28 U.S.C. § 1930(f). That section permitted the court to waive the filing fee if, inter alia, the debtor had income less than 150 percent of the income official poverty line.
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Court
:
- 11 U.S.C.
In re Parker
Jul
23
2007
Ruling
Court denied approval of reaffirmation agreement that created an undue hardship for debtor and was not filed with court prior to discharge.
Procedural posture
The debtors filed for relief under the Bankruptcy Code, a discharge was entered on July 16, 2007, and the case was closed. The day after the case was closed, the debtors submitted a reaffirmation agreement with a creditor.
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Court
:
- 11 U.S.C.
In re Duenez
Jul
14
2007
Ruling
Reaffirmation of credit card debt disapproved as containing gross misstatements of fact.
Procedural posture
After debtors proposed to reaffirm a community debt arising from a credit card account with a creditor, the court considered whether the agreement represented an undue hardship based on debtors' income and expenses as reflected on filed schedules. Neither the creditor nor its counsel attended the hearing.
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Court
:
- 11 U.S.C.
DaimlerChrysler Fin. Servs. Americas LLC v. Quick (In re Quick)
Jul
05
2007
Ruling
Bankruptcy court properly held that surrender of vehicle subject to hanging paragraph barred claim for deficiency.
Procedural posture
Chapter 13 debtors proposed a plan whereby they would each surrender a vehicle purchased with purchase-money financing by a secured creditor within 910 days preceding the date of the filing of the petition. The bankruptcy court ruled that the surrender operated as full satisfaction of the secured creditor's claim, thereby precluding the filing of an unsecured claim for a deficiency, pursuant to the "hanging paragraph"of 11 U.S.C. § 1325.
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- 11 U.S.C.
Stokes v. Jeppesen (In re Jeppesen)
Jun
27
2007
Ruling
Creditors knowing participation in Ponzi scheme precluded nondischargeability for willful, malicious injury but related securities law judgment was nondischargeable.
Procedural posture
Plaintiff purchasers of promissory notes from defendant bankruptcy debtor brought an adversary proceeding against the debtor, seeking a determination a debt to the plaintiffs arising from the notes was not dischargeable based on willful and malicious injury, false pretenses, and a judgment under 11 U.S.C. § 523(a)(2), (6) and (19). The bankruptcy court conducted a trial.
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Court
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