Eastern District

In re Ragle

The debtors filed for relief under chapter 7. The trustee filed a motion for dismissal of the debtors'petition, pursuant to 11 U.S.C. § 707(b)(2). The chapter 7 debtors opposed the trustee's motion.
Ruling: 
Presumption of abuse rebutted as unclaimed deduction for vehicle owned free and clear would leave debtors with no monthly disposable income.
ABI Membership is required to access the full summary of In re Ragle. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Riggs

The debtors filed for relief under chapter 13, and submitted a plan that proposed to pay $290 per month to unsecured creditors. The trustee did not recommend confirmation, contending that the debtors had disposable income in the amount of $880.
Ruling: 
Confirmation denied as plan needed to rely on Schedules I and J for determination of disposable income rather than Form B22C.
ABI Membership is required to access the full summary of In re Riggs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Clippard v. Mason (In re Mason)

In two consolidated appeals, appellant United States Trustee sought to review the decisions by the bankruptcy court to strike rather than dismiss appellee debtors'petitions for failure to obtain credit counseling prior to filing for bankruptcy as required by 11 U.S.C. § 109(h).
Ruling: 
There is no support for striking, rather than dismissing, a petition for failure to obtain credit counselling.
ABI Membership is required to access the full summary of Clippard v. Mason (In re Mason). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Blackaby

The creditor sought a motion to vacate or reconsider an earlier order of the court confirming the debtors' plan under chapter 13. The debtors objected to the motion.
Ruling: 
Creditor was bound by confirmation order given evidence of proper notice and absence of fraud.
ABI Membership is required to access the full summary of In re Blackaby. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Post Road Partners LLC v. Walters (In re Walters)

Plaintiff property owner sued defendant debtor, alleging that the debts owed from the debtor's personal guaranty on a lease were nondischargeable under 11 U.S.C. § 523(a)(2)(A), (a)(2)(B) and (a)(6). The owner moved for summary judgment.
Ruling: 
Debt held nondischargeable due to debtor's providing false financial statements to creditor that were contradicted by debtor's bankruptcy filings.
ABI Membership is required to access the full summary of Post Road Partners LLC v. Walters (In re Walters). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Azbill

The United States Trustee's emergency motion to reopen the debtor's chapter 7 case to administer an asset was granted and a successor chapter 7 trustee was appointed on the same day. The successor chapter 7 trustee's subsequent motion to approve a compromise with a bank regarding a certificate of deposit was then granted. The debtor moved to set aside the order approving the compromise.
Ruling: 
Debtor's failure to receive notice of motion to approve compromise of claim where debtor's counsel received actual notice.
ABI Membership is required to access the full summary of In re Azbill. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Schlarman v. SunTrust Mortg. Inc. (In re Helvey)

Plaintiff bankruptcy trustee filed a motion for summary judgment in a core proceeding brought against defendant mortgage company in which the trustee sought to avoid the company's mortgage pursuant to 11 U.S.C. § 544(a)(3).
Ruling: 
Trustee's status as bona fide purchaser for value allowed trustee to avoid defectively acknowledged mortgage.
ABI Membership is required to access the full summary of Schlarman v. SunTrust Mortg. Inc. (In re Helvey). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Johnson v. AmeriCredit Fin. Servs. (In re Booth)

After the debtors filed for chapter 7 bankruptcy protection, plaintiff trustee brought an adversary proceeding against defendant lienholder, alleging that the lien on a vehicle constituted a preference in violation of 11 U.S.C. § 547 and was avoidable under 11 U.S.C. § 547(b). The parties cross-moved for summary judgment.
Ruling: 
Trustee could not avoid lien since lienholder could invoke affirmative defense under section 547(c)(3).
ABI Membership is required to access the full summary of Johnson v. AmeriCredit Fin. Servs. (In re Booth). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re HNRC Dissolution Co.

Applicant insurer filed an application for allowance of administrative expenses pursuant to 11 U.S.C. § 503. Objector purchaser of the former debtors'assets objected to the application.
Ruling: 
Administrative expense application was denied since applicant insurer filed application after plan confirmation.
ABI Membership is required to access the full summary of In re HNRC Dissolution Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Montgomery

Respondent secured creditor objected to confirmation of petitioner debtors'proposed chapter 13 plan.
Ruling: 
Objection to confirmation was sustained since the "hanging paragraph"after section 1325(a)(9) prohibited bifurcation under section 506(a)(1) of the secured claim of a purchase-money moter vehicle creditor even where creditor failed to timely object.
ABI Membership is required to access the full summary of In re Montgomery. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Eastern District