- 11 U.S.C.
Toms, In re
May
02
2023
Ruling
Application of debtor's counsel for interim compensation was granted only to the extent the requested fees met the beneficial, necessary, and reasonable standard. (Bankr. D. Vt.)
Issue(s)
Compensation of Officers.
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Court
:
- 11 U.S.C.
Kitterman v. Sallie Mae Servicing L.P. (In re Kitterman)
Aug
30
2006
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.
Procedural posture
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).
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Court
:
Schilling v. Reid
Aug
25
2006
Ruling
Debtor's good faith post-discharge sale of property of the estate and retention of proceeds was not cause for revocation.
Procedural posture
Plaintiff trustee sued defendant debtor, contending that the debtor's discharge should have been revoked pursuant to 11 U.S.C. § 727(d)(2) because she had sold real estate postdischarge and retained the proceeds for her own use rather than submitting them to the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.
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Court
:
- 11 U.S.C.
In re Thompson
Aug
17
2006
Ruling
Creditors could reopen case to allow claim based on post-discharge entry of civil judgment.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Sheffer
Aug
17
2006
Ruling
Per se ban on settlement of proceedings for denial of discharge would be unduly restrictive.
Procedural posture
Chapter 7 debtor filed a motion to approve a global settlement of several fraudulent transfer claims.
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Court
:
In re Duke
Jul
12
2006
Ruling
Court held that surrender of vehicle in compliance with hanging paragraph of section 1325(a) did not fully satisfy creditors'claims.
Procedural posture
Movant debtors filed motions to surrender collateral (two motor vehicles) in full satisfaction of debts owed to respondent secured creditors.
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Court
:
- 11 U.S.C.
In re Risher
Jul
12
2006
Ruling
Debtor with plan distributing less than 100% to creditors was required to submit tax refunds to chapter 13 trustee.
Procedural posture
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).
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In re Soards
Jun
16
2006
Ruling
Court deemed that Till provided applicable interest rate in sustaining creditor's objections to confirmation.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re ThermoView Indus.
May
15
2006
Ruling
Court reduced fees of counsel for an unsecured creditors committee and denied fees of debtors'counsel due to unreasonableness of fees.
Procedural posture
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.
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Court
:
- FRBP
Rodriguez v. Sneed (In re Sneed)
May
04
2006
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.
Procedural posture
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.
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