In re Tucker
May
20
2008
Ruling
401(k) payments were reasonably necessary and did not result in finding of abuse.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. The United States Trustee (UST) filed a motion to dismiss the case for abuse under 11 U.S.C.S. § 707(b)(1) and (3).
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Court
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In re Nolan
May
20
2008
Ruling
Case ordered converted or dismissed for abuse due to inclusion of 401(k) repayments on Schedule I.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 above-median income debtors' case for abuse under 11 U.S.C.S. § 707(b)(1) and § 707(b)(3).
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Court
:
- 11 U.S.C.
Krempa v. Westerbeek (In re Krempa)
Apr
09
2008
Ruling
Preliminary order in ongoing state action to enforce divorce decree was not final and not nondischargeable.
Procedural posture
Appellant bankruptcy debtor brought an adversary proceeding against appellee former spouse of the debtor, seeking a determination that a debt owed to the spouse under a divorce decree was dischargeable. The debtor appealed the judgment of the bankruptcy court for the Western District of Michigan which determined that the debt was nondischargeable based on collateral estoppel.
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Court
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Judge or Jurisdiction information not available
Meoli v. MBNA Am. Bank N.A. (In re Wells)
Feb
11
2008
Ruling
Bankruptcy court properly held that debtor's reduction of balance on one credit card account using convenience checks drawn on second credit card account was avoidable.
Procedural posture
Appellant credit card issuer challenged a decision of the U.S. Bankruptcy Court for the Western District of Michigan granting summary judgment to the chapter 7 Trustee on a preference claim under 11 U.S.C. § 547(b). The issue was whether debtor's use of convenience checks drawn on one bank (Bank 1) to reduce the balance on another credit card account with Bank 2 was a transfer of debtor's "interest" as contemplated by 11 U.S.C.S. § 547(b).
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Court
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Judge or Jurisdiction information not available
In re Moynahan
Jan
11
2008
Ruling
Debtor not entitled to waiver of filing fee upon refiling to correct defect in original petition.
Procedural posture
A debtor filed a motion to dismiss his chapter 7 bankruptcy case and to waive the additional filing fee upon refiling.
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Court
:
- 11 U.S.C.
Sears v. Sears (In re Sears)
Jan
08
2008
Ruling
Debtor's obligation under divorce decree to hold former spouse harmless on mortgage debt was nondischargeable though obligation to pay mortgagee directly was not.
Procedural posture
Plaintiff ex-wife filed a Fed. R. Civ. P. 56 motion for summary judgment on her adversary proceeding seeking an order that defendant debtor's obligations to hold her harmless as to a mortgage debt and to pay the mortgage debt as set forth in their divorce decree were nondischargeable under 11 U.S.C. § 523(a)(15).
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Court
:
- 11 U.S.C.
In re Hale
Oct
10
2007
Ruling
Correction of debtors' overstatement of tax liability resulted in dismissal pursuant to presumption of abuse.
Procedural posture
Debtors, a husband and wife, filed a joint petition for relief under chapter 7, listing primarily consumer debts. The United States Trustee ("UST") filed a motion to dismiss the debtors'action, pursuant to 11 U.S.C. § 707(b)(2) and (3), claiming that the debtors were ineligible for relief under chapter 7.
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Court
:
- 11 U.S.C.
In re Lewis
Sep
17
2007
Ruling
Case ordered converted or dismissed as debtors did not meet requirements for chapter 7 once improper deductions for 401(k) loan payments were eliminated.
Procedural posture
Debtors, a husband and wife, filed a petition under chapter 7, and the United States Trustee ("UST") filed a motion to dismiss the petition, pursuant to 11 U.S.C. § 707(b)(2) and (3), alleging abuse.
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Court
:
- 11 U.S.C.
Dyer-White v. United States Dept of Educ. (In re Dyer-White)
Aug
27
2007
Ruling
Debtor not entitled to full or partial undue hardship discharge of student loan debt.
Procedural posture
Plaintiff debtor filed an adversary complaint in her chapter 7 proceeding against defendant, the United States Department of Education, seeking a discharge of a student loan on the grounds of undue hardship under 11 U.S.C. § 523(a)(8). At issue, inter alia, was whether she was entitled to equitable relief under 11 U.S.C. § 105.
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State Farm Fire & Cas. Co. v. Chapman (In re Chapman)
Aug
22
2007
Ruling
Debt owed to creditor subrogee, based on injury inflicted by debtor on subrogee's insured in response to threat of bodily harm, was dischargeable.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor, alleging that any debt owed it should be excepted from discharge under 11 U.S.C. § 523(a)(6) and /or (a)(9).
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Court
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