Judge Fulton

In re Wimpee

In a chapter 13 proceeding, a trustee brought a motion to modify the debtors'plan from 35 percent to 75 percent for unsecured non-priority creditors pursuant to 11 U.S.C. § 1329(a)(1). The debtors filed an objection to the motion and filed a motion for entry of discharge under 11 U.S.C. § 1328(a).
Ruling: 
Trustee's motion to modify debtor's chapter 13 plan was granted since early payment of monetary amount of plan did not relieve debtors of duty to make payments for at least three years.
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Maes v. Maes (In re Maes)

Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding seeking a determination that joint marital debts for a credit card and a fifth wheeler, which the debtor assumed pursuant to an agreement in the parties' divorce, were not dischargeable pursuant to 11 U.S.C. § 523(a)(5) and (15). The bankruptcy court conducted a trial.
Ruling: 
Marital debts were deemed dischargeable since they were not in the nature of support and debtor's former spouse already received adequate support from debtor's maintenance payments.
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In re McGhee

The debtors filed a motion for clarification of as to how 11 U.S.C. § 1328(f), added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Prevention Act of 2005, affected their ability to receive a discharge in their chapter 13 case.
Ruling: 
Court ruled that section 1328(f) allowed debtors to file for chapter 13 protection, but debtors could not obtain discharge since four years had not passed since prior chapter 7 case.
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Simpson v. Simpson (In re Simpson)

Plaintiff former husband filed an adversary proceeding against defendant debtor, the former wife, to challenge the dischargeability of a debt for a vehicle, pursuant to 11 U.S.C. § 523(a)(15). The obligation for the debt incurred to purchase the vehicle had been assigned to the debtor as part of the prepetition divorce proceeding.
Ruling: 
Deficiency obligation was nondischargeable, and the debtor was ordered to make small payments since the debtor had assumed the debt pursuant to a prepetition divorce and the payments would not materially lower the debtor's standard of living below that of the former husband.
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