Kentucky

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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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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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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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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In re Crum

The chapter 7 matter was before the court on the Application for Allowance of Compensation and Reimbursement for Expenses (the "Final Application") filed by the trustee on behalf of her attorney. No objections to the Final Application were filed.
Ruling: 
Court reduced fee application after applying "lodestar" method to determine reasonable compensation of trustee.
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County of Simpson v. Palma (In re Palma)

Plaintiff county brought an adversary proceeding against defendant bankruptcy debtor, a former county sheriff, seeking a declaration that a debt to the county for the sheriff's failure to account for county funds was not dischargeable under 11 U.S.C. § 523(a)(4) based on fiduciary defalcation. The bankruptcy court conducted a trial.
Ruling: 
Former county sheriff's debt to county for failing to account for certain county funds was deemed nondischargeable due to fiduciary defalcation.
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Brock v. Draper (In re Draper)

Plaintiff chapter 7 trustee sued defendant daughter, alleging that a transfer of the debtors'remainder interest in their home and real property for no consideration was a fraudulent conveyance. The trustee moved for summary judgment.
Ruling: 
Trustee was allowed to avoid transfer of debtors'remainder property interest to daughter since badges of fraud under state fraud law were present.
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Scherer v. Quality Communs. Inc. (In re Quality Communs. Inc.)

Plaintiff chapter 7 trustee asserted claims against defendants under 11 U.S.C. § 548 and 11 U.S.C. § 547. The trustee filed a motion for leave to file an amended complaint.
Ruling: 
Trustee was denied motion to amend complaint due to the untimely filing of the motion and the undue prejudice to the defendants.
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In re Thomas

The debtors and an oil and gas company had entered into an oil and gas lease. The debtors had filed suit against the company in state court seeking damages arising out of the oil and gas lease. The company filed a motion for enlargement of time to file a notice of removal of the state court action.
Ruling: 
Company being sued by debtors over a lease were granted more time to move to have the state court action removed due to excusable neglect and debtors'lack of disclosure.
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