Judge Cooper

Kitterman v. Sallie Mae Servicing L.P. (In re Kitterman)

Plaintiff debtor filed a complaint against defendant creditors to determine the dischargeability of his student loans based on undue hardship under 11 U.S.C. § 523(a)(8).
Ruling: 
Fainting spells and depression were not grounds for undue hardship discharge of student loan debt where they would not prevent debtor from finding or maintaining employment.
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Schilling v. Reid

Plaintiff trustee sued defendant debtor, contending that the debtor's discharge should have been revoked pursuant to 11 U.S.C. § 727(d)(2) because she had sold real estate postdischarge and retained the proceeds for her own use rather than submitting them to the trustee. The bankruptcy court held a trial.
Ruling: 
Debtor's good faith post-discharge sale of property of the estate and retention of proceeds was not cause for revocation.
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In re Thompson

Creditors filed a motion to allow claim of creditors following their filing of a report of the proceedings in a civil action indicating that a judgment had been entered against the debtor and that the jury had determined that the debtor's actions were intentional.
Ruling: 
Creditors could reopen case to allow claim based on post-discharge entry of civil judgment.
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In re Sheffer

Chapter 7 debtor filed a motion to approve a global settlement of several fraudulent transfer claims.
Ruling: 
Per se ban on settlement of proceedings for denial of discharge would be unduly restrictive.
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In re Duke

Movant debtors filed motions to surrender collateral (two motor vehicles) in full satisfaction of debts owed to respondent secured creditors.
Ruling: 
Court held that surrender of vehicle in compliance with hanging paragraph of section 1325(a) did not fully satisfy creditors'claims.
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In re Risher

The debtors in several chapter 13 cases filed motions in support of provisions in their chapter 13 that sought to exclude tax refunds as part of any distribution to unsecured creditors in their chapter 13 plans. The chapter 13 trustee objected to these provisions as contrary to Bankr. W.D. Ky. R. 13.5(b) and 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Debtor with plan distributing less than 100% to creditors was required to submit tax refunds to chapter 13 trustee.
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In re Soards

Creditor filed objections to the chapter 13 plans of debtors in two separate cases. The creditor held security interests in the debtors'vehicles. The issue was that rate of interest that the creditor was entitled to receive on its claim.
Ruling: 
Court deemed that Till provided applicable interest rate in sustaining creditor's objections to confirmation.
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In re ThermoView Indus.

Debtors' counsel filed an application for interim compensation and reimbursement of expenses. Debtors'counsel also filed a supplemental application for compensation and reimbursement of expenses. Counsel for the unsecured creditors committee filed an objection. Counsel for the committee filed an application for compensation and reimbursement of expenses. Debtors'counsel filed an objection.
Ruling: 
Court reduced fees of counsel for an unsecured creditors committee and denied fees of debtors'counsel due to unreasonableness of fees.
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Rodriguez v. Sneed (In re Sneed)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a declaration that a debt to the creditor was not dischargeable because it was based on intentional physical injury caused by the debtor. The debtor moved to dismiss the complaint as untimely filed under Fed. R. Bankr. P. 4007.
Ruling: 
Debtor's motion to dismiss complaint as untimely was denied since creditor had timely filed within the extended period granted by the court regardless of whether it was called an objection or a complaint.
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In re Tandy

A bankruptcy debtor's plan was confirmed and provided for interest on amounts due to secured creditors, but a creditor which purchased certificates of delinquency from a state for the debtor's unpaid property taxes sought the higher statutory interest rate set out in the certificates. The creditor objected to the order confirming the debtor's plan and moved to amend the plan.
Ruling: 
Creditor's interest rate was properly modified in debtor's confirmed plan since the taxed property was not the debtor's principal residence.
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