- 11 U.S.C.
Bogedain v. Eisen
Aug
24
2006
Ruling
"Family farmer" filing under chapter 12 was an individual and subject to credit counseling requirements.
Procedural posture
Appellant debtor filed a petition for chapter 12 bankruptcy relief. The debtor moved for an order waiving, based on exigent circumstances, the prefiling credit counseling required by 11 U.S.C. § 109(h)(1). Initially and on reconsideration, bankruptcy court denied the debtor's motion. The debtor appealed.
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Court
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Joe Hand Prods. v. Cain
Aug
24
2006
Ruling
Creditor who did not receive notice was not bound by confirmation order and its claims were not discharged.
Procedural posture
Defendants, a corporation and its director, filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff production company's claims that the corporation and its director were liable under 47 U.S.C. §§ 553 and 605 of the Communications Act of 1934, as amended, for wrongfully intercepting and exhibiting a pay-per-view televised boxing event.
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Court
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- 11 U.S.C.
In re Davis
Aug
21
2006
Ruling
Plan confirmation denied due to failure to meet minimum "applicable commitment period."
Procedural posture
After the debtor filed for chapter 13 bankruptcy protection, she filed a chapter 13 plan proposing to make biweekly payments for 36 months. The trustee filed an objection to the plan. The bankruptcy court held a confirmation hearing.
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Court
:
- 11 U.S.C.
Tidewater Fin. Co. v. Curry (In re Curry)
Aug
10
2006
Ruling
Order confirming plan was affirmed since plan satisfied requirements of section 1325 for treatment of creditor's claim.
Procedural posture
Appellant creditor challenged an order of the Bankruptcy Court for the Southern District of Ohio, denying its motion to terminate the automatic stay to sell a repossessed motor vehicle, and overruling its objection to confirmation of the chapter 13 plan proposed by debtor based on the plan's "cramdown" treatment of its claim secured by the vehicle.
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- 11 U.S.C.
Collins & Aikman Corp. v. Northern Trust Bank of Cal. (In re Collins & Aikman Corp.)
Aug
09
2006
Ruling
Debtors were entitled to turnover of "rabbi trust" assets.
Procedural posture
Plaintiffs, corporate debtors, filed a complaint against defendant, the trustee of a grantor trust or "rabbi trust" that the debtors, as employers, established to create a source of funding for otherwise unfunded benefit plans. The complaint sought the turnover of all assets of the trust. The trust beneficiaries moved to intervene claiming they were entitled to the assets of the trust. The debtors moved for summary judgment.
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Court
:
- 11 U.S.C.
In re Wallace In re Wallace
Aug
09
2006
Ruling
State could not create a customized set of bankruptcy exemptions for residents.
Procedural posture
Chapter 7 trustee filed an objection to debtor's claimed exemption in her undivided one-half interest in real property pursuant to Mich. Comp. Laws § 600.5451(1)(n), contending that section 600.5451(1)(n) was unconstitutional because it violated the Supremacy Clause, U.S. Const. art. VI, cl. 2.
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Court
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In re Odette
Aug
07
2006
Ruling
Debtors'guarantee of corporate debt did not cause them to exceed debt limits for chapter 13 and conversion from chapter 7 was allowed.
Procedural posture
The debtors moved to convert their chapter 7 case to chapter 13. Creditors filed objections. The first objection was that the debtors were ineligible under 11 U.S.C. § 109(e), because their total debts exceeded the chapter 13 unsecured debt ceiling. The second objection was that irrespective of the outcome of the first objection, the attempted conversion was in bad faith.
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Court
:
- 11 U.S.C.
In re Guzior
Aug
07
2006
Ruling
Debtor could not claim exemption in entireties property where state law allowed joint creditors to reach entireties interests.
Procedural posture
The chapter 7 trustee objected to a tenancy by the entireties property exemption claimed by debtor pursuant to 11 U.S.C. § 522(b)(2)(B).
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Court
:
In re Welch
Aug
04
2006
Ruling
Income of non-filing spouse was relevant to substantial abuse detemination but did not ultimately provide grounds for dismissal.
Procedural posture
After the debtor filed a chapter 7 bankruptcy petition, the United States Trustee filed a motion to dismiss the chapter 7 proceeding under former 11 U.S.C. § 707(b) (amended 2005). The chapter 7 trustee also sued defendant creditor, seeking to avoid a security interest in a vehicle pursuant to 11 U.S.C. § 544(a). The creditor moved for summary judgment.
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Court
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In re Kobus
Aug
03
2006
Ruling
Conversion to chapter 13 denied for lack of good faith.
Procedural posture
The debtor filed a motion to convert her chapter 7 case to a chapter 13. The chapter 7 trustee objected. He alleges that the debtor failed to disclose that she transferred property to her father within one year of filing for bankruptcy relief. The debtor's motion followed the trustee's discovery of the transfer.
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Court
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