- 11 U.S.C.
In re Kehl
Dec
07
2011
Ruling
Case dismissed where debtors had ability to make significant payments to unsecured creditors.
Procedural posture
The United States trustee filed a motion to dismiss chapter 7 debtors' petition pursuant to 11 U.S.C.S. § 707(b)(3), asserting that, even with no reduction in debtors' current standard of living, debtors had the ability to make a significant repayment to their unsecured creditors.
ABI Membership is required to access the full summary of In re Kehl Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Mobley
Dec
01
2011
Ruling
Prepetition personal injury lawsuit proceeds did not constitute disposable income for purposes of funding chapter 13 plan.
Procedural posture
The trustee objected to confirmation of a debtor's proposed capter 13 plan. The issue was whether the $20,000 proceeds from a personal injury lawsuit, an asset she received pre- petition and fully exempted, constituted disposable income available to fund her chapter 13 plan pursuant to 11 U.S.C.S. § 1325(b)(1) and (2). The trustee also raised an objection based on bad faith pursuant to 11 U.S.C.S. § 1325(a)(3) and (7).
ABI Membership is required to access the full summary of In re Mobley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Juliao
Nov
30
2011
Ruling
Reporting late payments by non-debtor spouse to credit agencies did not violate co-debtor stay.
Procedural posture
A bankruptcy debtor and his non-debtor spouse were codebtors on mortgage debts to a creditor, and the debtor and the spouse asserted that the creditor improperly reported late payments by the spouse to credit reporting agencies. The debtor and the spouse moved for damages for the creditor's violation of the codebtor stay of 11 U.S.C.S. § 1301, the debtor's counsel applied for an award of attorney fees.
ABI Membership is required to access the full summary of In re Juliao Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Palmieri
Nov
21
2011
Ruling
Postpetition motion for spousal support filed in state court was excepted from stay.
Procedural posture
A chapter 13 debtor filed a motion for sanctions for violation of the automatic stay pursuant to 11 U.S.C.S. § 362(k), alleging that his former spouse violated § 362(a)(1) and (3) and arguing that § 362(b)(2)(A)(ii) did not except the filing from the automatic stay.
ABI Membership is required to access the full summary of In re Palmieri Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Paquette
Nov
21
2011
Ruling
Objection to confirmation of plan including 180-day limit to amend deficiency claims overruled.
Procedural posture
This matter was before the court on a mortgage creditor's Objection to Confirmation of Debtors' proposed Chapter 13 plan.
ABI Membership is required to access the full summary of In re Paquette Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Christian Love Fellowship Ministries Inc.
Nov
09
2011
Ruling
Unsecured deficiency claim improperly classified separately from other unsecured claims in plan.
Procedural posture
A creditor objected to a chapter 11 debtor's combined plan and disclosure statement on the ground that its claim was improperly separately classified from the other unsecured claims under 11 U.S.C.S. § 1122.
ABI Membership is required to access the full summary of In re Christian Love Fellowship Ministries Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Maxx Towing Inc.
Jul
27
2011
Ruling
Objection to confirmation of small business debtor's plan as filed outside of 45-day deadline overruled where judicial economy favored avoiding refiling process.
Procedural posture
The United States Trustee (UST) filed an objection to confirmation of the chapter 11 small business debtor's plan, because the 45 day deadline set under 11 U.S.C.S. § 1129(e) for confirmation in small business cases had passed.
ABI Membership is required to access the full summary of In re Maxx Towing Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Langley
Mar
07
2011
Ruling
Trustee who failed to object to motion for abandonment of property could not seek revocation.
Procedural posture
Chapter 7 trustee filed a motion to revoke abandonment of real property under Fed. R. Civ. P. 60(b), incorporated by Fed. R. Bankr. P. 9024, to allow the sale of the property free of any interest.
ABI Membership is required to access the full summary of In re Langley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Charlick v. Community Credit Union (In re Charlick)
Mar
04
2011
Ruling
Debtor could not seek to strip prior junior lien via postconfirmation plan modification.
Procedural posture
Plaintiff Chapter 13 debtors filed a post-confirmation complaint against defendant junior lienholder seeking a ruling that a senior mortgagee's claim exceeded the value of their residence and thus, that they could "strip" the junior lien. The debtors also filed a related plan modification, seeking to effectuate the lien strip. Both parties filed motions for summary judgment.
ABI Membership is required to access the full summary of Charlick v. Community Credit Union (In re Charlick) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Old Rep. Natl Title Ins. Co. v. Licavoli (In re Licavoli)
Feb
08
2011
Ruling
Debt arising from unpaid insurance premiums was nondischargeable.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant debtor seeking a determination that a debt in the amount of $166,995 arising from unpaid insurance premiums was nondischargeable under 11 U.S.C.S. §§ 523(a)(2)(A), 523(a)(4) and 523(a)(6).
ABI Membership is required to access the full summary of Old Rep. Natl Title Ins. Co. v. Licavoli (In re Licavoli) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: