- 11 U.S.C.
In re Toney
Aug
20
2007
Ruling
Dismissal of chapter 7 case for abuse denied where chapter 13 plan would not have yielded significant payment to unsecured creditors.
Procedural posture
The United States Trustee ("UST") moved to dismiss the debtors'chapter 7 case pursuant to 11 U.S.C. § 707(b)(3) on the grounds that the filing constituted an abuse of the provisions of chapter 7.
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Court
:
- 11 U.S.C.
In re Pfahler
Jul
26
2007
Ruling
Case ordered dismissed or converted as payments to debtor's adult son could be used to fund chapter 13 plan.
Procedural posture
A debtor filed a voluntary petition under chapter 7. The United States Trustee ("UST") filed a motion to dismiss the debtor's case for abuse under 11 U.S.C. § 707(b)(2) and (b)(3). The debtor filed an objection to the trustee's motion.
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Court
:
- 11 U.S.C.
In re Whitaker
Jul
25
2007
Ruling
Voluntary 401(k) plan payments are not deductible under means test.
Procedural posture
The United States trustee moved to dismiss the debtor's chapter 7 petition for abuse, pursuant to 11 U.S.C. § 707(b)(2) and (b)(3), and the debtor objected. The trustee argued that the deduction for loan payments to the debtor's 26 U.S.C. § 401(k) plan were improper under the means test and, if those payments were not included as a deduction, a presumption of abuse arose under section 707(b)(2).
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Court
:
- FRBP
Robilio v. Stevenson (In re Robilio)
Jul
13
2007
Ruling
Dismissal for nonpayment upheld as chapter 13 debtor was provided with proper notice and hearing.
Procedural posture
Appellee trustee filed a motion to dismiss a case which appellant debtor filed under chapter 13 for failure to comply with the terms of a repayment plan. The Bankruptcy Court for the Western District of Tennessee dismissed the debtor's case and denied in part the debtor's motion to impose the automatic stay pending appeal. The debtor appealed.
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In re L&M Video Prods.
Jun
25
2007
Ruling
Court declined to exercise jurisdiction over chapter 11 where debtor had no ability to reorganize and only sought to better position itself for non-bankruptcy disputes.
Procedural posture
Chapter 11 creditor filed a motion to dismiss the debtor's case for cause under 11 U.S.C. § 1112(b) or alternatively, to abstain from exercising jurisdiction pursuant to 11 U.S.C. § 305(a).
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Court
:
In re Smith
Jun
22
2007
Ruling
Debtor could take ownership expense deduction on vehicles owned free and clear.
Procedural posture
The United States Trustee file a motion to dismiss chapter 7 debtors'bankruptcy case for abuse pursuant to 11 U.S.C. § 707(b)(2) and (b)(3).
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Court
:
- 11 U.S.C.
In re Armstrong
May
24
2007
Ruling
In joint case filed by separated couple expenses from both households properly considered in ruling on presumption of abuse.
Procedural posture
Movant, the U.S. Trustee, sought an order dismissing a chapter 7 case filed by debtors, a married couple who were separated and maintained separate households, on the ground of abuse under 11 U.S.C. § 707(b)(2). Based on stipulations, the parties submitted, for decision, the issue of whether, under these circumstances, expenses for both households may be considered in determining whether there is a presumption of abuse under section 707(b)(2).
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Court
:
- 11 U.S.C.
In re Tobis
Apr
11
2007
Ruling
ERISA welfare benefit plan that did not involve beneficial interest in trust was property of the estate.
Procedural posture
An insurer cancelled debtors'medical coverage. Debtors sued in state court for bad faith, breach of contract, and unjust enrichment. The state court found that debtors'claims were for the recovery of a plan benefit under the Employee Retirement Income Security Act ("ERISA"). The chapter 7 trustee moved to compromise debtors' claims (the motion was subsequently withdrawn). Debtors moved to dismiss/and or bar the trustee from state action.
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Court
:
- 11 U.S.C.
In re Downour
Mar
28
2007
Ruling
Order permitting trustee's sale of debtor's land was proper despite bona fide dispute over creditor's lien in property.
Procedural posture
A creditor, a mortgagee, objected to a motion filed by movant, a chapter 7 trustee, seeking court approval of its proposed sale of land belonging to debtors. At issue was whether, pursuant to 11 U.S.C. § 363(f)(4), the trustee was properly authorized to sell the land despite the creditor's objection and whether a "bona fide"dispute as to the scope of the creditor's interests existed.
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Court
:
- 11 U.S.C.
Parker v. Hudson (In re Hudson)
Mar
05
2007
Ruling
Discharge denied due to debtor's failure to comply with order for turnover of portion of income tax refund.
Procedural posture
Plaintiff chapter 7 trustee sued defendant debtor, alleging that the debtor's discharge should be revoked under 11 U.S.C. § 727(d)(2), (d)(3) and (a)(6)(A). The trustee moved for summary judgment.
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Court
: