- 11 U.S.C.
In re Stacy
Feb
18
2009
Ruling
Late-filed proof of claim by credit union allowed due to debtor's failure to list as creditor or provide proper notice.
Procedural posture
Debtors, a husband and a wife, filed a petition for relief under chapter 13 of the Bankruptcy Code. More than a year past the bar date set for filing claims, a current servicing agent filed a proof of claim on behalf of creditor credit union. Under 11 U.S.C.S. § 502, debtors objected to the credit union's claim because it was untimely filed under Fed. R. Bankr. R. 3002(c).
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Court
:
- FRBP
Bedra v. Direct Loan Serv. Sys. (In re Bedra)
Dec
30
2008
Ruling
Debtor granted additional extension of time to respond to student loan creditor's motion for summary judgment due to possible oversight of counsel.
Procedural posture
Plaintiff debtor filed a complaint to determine the dischargeability of a student-loan obligation under 11 U.S.C.S. § 523(a)(8). Defendant creditor/bank field a motion for summary judgment. Although the debtor requested and was then granted an extension of time in which to respond, no response was filed.
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Court
:
- 11 U.S.C.
French v. Cahill (In re Cahill)
Dec
30
2008
Ruling
Economic stimulus rebate was property of the estate as debtor filed petition after effective date of Stimulus Act.
Procedural posture
Defendant debtors filed a petition under chapter 7 of the Bankruptcy Code and plaintiff trustee was appointed to represent the bankruptcy estate. The trustee filed an action against the debtors, seeking a judgment declaring that an Economic Stimulus Rebate (ESR) in the amount of $ 1,200 the debtors received from the government was property of the debtors'bankruptcy estate. The trustee filed a motion for summary judgment.
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Court
:
In re Hernandez
Dec
01
2008
Ruling
Above-median debtor's discretionary reduction of hours worked and postpetition marriage were not special circumstances that would prevent abuse dismissal.
Procedural posture
The United States Trustee filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C.S. § 707(b)(1), § 707(b)(2), and § 707(b)(3).
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Court
:
In re Brenneman
Nov
18
2008
Ruling
Case ordered converted or dismissed for abuse where adjustments to debtors' budget would allow payments to unsecured creditors.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss the debtors' chapter 7 bankruptcy case, pursuant to 11 U.S.C.S. § 707(b)(1) and (3), for abuse.
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Court
:
In re Harter
Nov
05
2008
Ruling
Case dismissed for abuse due to debtor's excessive automotive expenditures.
Procedural posture
The United States Trustee filed a motion to dismiss a chapter 7 debtor's case for abuse pursuant to 11 U.S.C.S. § 707(b)(1), § 707(b)(2), and § 707(b)(3).
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Court
:
In re Violanti
Nov
04
2008
Ruling
Case dismissed for abuse due to housing and transportation costs in excess of allocations.
Procedural posture
The United States Trustee (UST) filed a motion to dismiss a debtor's chapter 7 bankruptcy case for abuse, pursuant to 11 U.S.C.S. § 707(b)(1) and (3).
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Court
:
- 28 U.S.C.
In re High Tech Packaging Inc.
Oct
31
2008
Ruling
Settlement of claims against involuntary debtor's estate approved over objections of guarantors.
Procedural posture
An involuntary petition was filed against debtor corporation on May 15, 2008, and on June 9, 2008, the court adjudicated the corporation a debtor and appointed a trustee to represent the bankruptcy estate. The trustee filed a motion seeking permission to compromise claims creditors filed against the debtor's bankruptcy estate, and two creditors filed a limited objection to the trustee's motion.
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Court
:
- 11 U.S.C.
In re Brown
Oct
23
2008
Ruling
Claim for refitting costs of commercial premises limited by statutory cap on lease damages.
Procedural posture
The debtors filed for chapter 13 bankruptcy relief. Two creditors filed a proof of claim based on the breach of a commercial lease. The debtors objected to the claim, alleging that the refitting costs necessary to re-let the property were not allowable pursuant to 11 U.S.C.S. § 502(b)(6). The bankruptcy court held an evidentiary hearing.
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Court
:
- 11 U.S.C.
Grant v. United States Dept. of Educ. (In re Grant)
Oct
08
2008
Ruling
Debtor with back impairment denied undue hardship discharge of student loan debt due to failure to meet Brunner test.
Procedural posture
Plaintiff debtor filed an adversary proceeding for a determination that her student loan debt to defendant creditors was dischargeable for undue hardship under 11 U.S.C.S. § 523(a)(8).
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Court
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