- 11 U.S.C.
In re Koch
Apr
11
2011
Ruling
Attorneys' fees awarded in reduced amount due to vague application that did not comply with local rules and lack of complexity of case.
Procedural posture
Through a fee application, the attorney for a Chapter 13 debtor sought compensation. The trustee objected, resulting in the attorney filing an itemization in support of the requested fees.
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Court
:
- 11 U.S.C.
In re Pease
Jul
02
2010
Ruling
Debtor could not complete credit counseling course on behalf of debtor spouse via power of attorney.
Procedural posture
Bankruptcy debtors, husband and wife, filed a bankruptcy petition along with certificates of credit counseling stating that the requisite credit counseling course was satisfied by the wife, both for herself and for her husband via a power of attorney. The bankruptcy court sua sponte considered the eligibility of the husband to be a debtor.
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Court
:
In re Gilmore
Jun
08
2010
Ruling
Chapter 13 case ordered converted or dismissed due to excessive, unnecessary, education and child care expenses.
Procedural posture
Bankruptcy debtors asserted that they could not fund a chapter 13 bankruptcy plan, but the United States Trustee argued that the debtors could pay off a substantial portion of their unsecured debt in a chapter 13 plan. The Trustee moved to dismiss the debtors' case pursuant to 11 U.S.C.S. § 707(b) based on abuse of chapter 7 bankruptcy.
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Court
:
- 11 U.S.C.
In re Baughman
Sep
30
2008
Ruling
Debtor could not claim ownership deduction on vehicle owned free and clear.
Procedural posture
The trustee and a creditor each filed objections to the debtors' plan as proposed for confirmation. The debtors took ownership deduction claimed on Official Bankr. Form B22C (the "means test") under IRS local standards for ownership expenses on two vehicles, one of which had less value than its loan, and the second of which was owned free and clear. Therefore, they argued that the plan must not be confirmed.
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Court
:
- 11 U.S.C.
In re Hammer
Sep
11
2008
Ruling
Completion by debtors'son via durable power of attorney did not satisfy credit counseling requirement.
Procedural posture
A husband and wife filed a chapter 7 petition, which included certificates of credit counseling stating that the requisite credit counseling course had been satisfied by their son, acting with a durable power of attorney granted by both the husband and wife. The matter was before the court sua sponte.
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Court
:
- 11 U.S.C.
In re Bibey
Aug
27
2008
Ruling
Presumptive fee awarded to debtor's attorney rather than higher amount requested where case was routine.
Procedural posture
A debtor's attorney filed an application for compensation in a chapter 13 bankruptcy case.
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Court
:
- 11 U.S.C.
In re Eckard
Mar
31
2008
Ruling
Case ordered dismissed or converted due to debtor's abuse of bankruptcy system to pay for non-essential items at expense of unsecured creditors.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors' bankruptcy case under 11 U.S.C.S. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Belden Locker Co.
Mar
21
2008
Ruling
Tax claim of state workers' compensation bureau was an excise tax entitled to administrative priority.
Procedural posture
Chapter 11 debtor sought partial summary judgment on the issue of the character and priority under 11 U.S.C.S. § 507(a)(8)(E) of two of the claims filed by the Ohio Bureau of Workers' Compensation (OBWC). The OBWC sought partial summary judgment on the issues of administrative priority under 11 U.S.C.S. § 503(b)(1)(A) and a determination of the allowed amount of the second of the two claims at issue.
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Court
:
In re Hookey
Mar
20
2008
Ruling
Debtor whose sole income from social security income was below 150% of poverty line granted waiver of filing fee.
Procedural posture
A debtor filed an application to proceed in forma pauperis and waive the chapter 7 filing fee, pursuant to 28 U.S.C.S. § 1930(f).
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Court
:
In re Nero
Mar
19
2008
Ruling
Waiver of filing fee granted to debtor with income at less than 150% of poverty level.
Procedural posture
The debtors filed an application to proceed in forma pauperis and waive the chapter 7 filing fee, pursuant to 28 U.S.C.S. § 1930(f).
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Court
: