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In re Allen

Mar
05
2007
Ruling
Creditor was not entitled to administrative expense claim for excess mileage subsequent to breach of vehicle lease.
Procedural posture

The creditor filed a motion for payment of administrative expenses to which the debtor objected. The creditor contended that the debtor assumed a motor vehicle lease through his confirmed chapter 13 plan, and that the postpetition and post-confirmation breach of that lease should result in payment of an administrative expense claim arising from excess mileage on the vehicle.

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opinion summary, case decided on March 05, 2007 , LexisNexis #0407-104
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In re Kowalski

Mar
01
2007
Ruling
Valuation established in chapter 13 case applied to redemption by debtors after conversion to chapter 7.
Procedural posture

After bankruptcy debtors' chapter 13 plan was confirmed and partially performed, the debtors'case was converted to chapter 7 and the debtors moved to redeem their vehicle at its published value, but the creditor secured by the vehicle asserted that the debtors were bound by the higher valuation for the vehicle which was established in the chapter 13 case.

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opinion summary, case decided on March 01, 2007 , LexisNexis #0407-128
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In re Mestemaker

Jan
10
2007
Ruling
Means test for chapter 7 eligibility was not conclusive where debtor's ability to pay exceeded threshold.
Procedural posture

The United States Trustee moved to dismiss debtors' chapter 7 case for abuse under 11 U.S.C. § 707(b)(3), asserting that debtors were both employed, and had excess income over expenses of $300 per month that is available to pay a substantial portion of their unsecured non-priority debt. Debtors argued they had passed the means test under 11 U.S.C. § 707(b)(2), based on that conclusive evidence, debtors should be granted a discharge.

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opinion summary, case decided on January 10, 2007 , LexisNexis #0207-044
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Colvin v. Raffeld (In re Raffeld)

Nov
14
2006
Ruling
Tax reimbursement owed to former spouse was nondischargeable where debtor failed to demonstrate inability to pay or benefit of discharge outweighing harm to creditor.
Procedural posture

Appellant debtor filed a chapter 7 bankruptcy petition two years after divorcing appellee ex-husband. The ex-husband filed an adversary proceeding complaint, claiming that a marital debt was nondischargeable. The debtor appealed after the Bankruptcy Court for the Southern District of Ohio issued an order finding that the debt was nondischargeable under former 11 U.S.C. § 523(a)(15).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on November 14, 2006 , LexisNexis #1206-061
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Larocco v. Smither (In re Smithers)

Mar
02
2006
Ruling
Denial of discharge due to the debtors filing false and incomplete bankruptcy schedules was affirmed.
Procedural posture

Defendant debtors appealed from a judgment of the Bankruptcy Court for the Southern District of Ohio that denied their discharge under 11 U.S.C. § 727(a)(4)(A) due to filing false and incomplete bankruptcy schedules. Plaintiff creditors filed the complaint to deny discharge.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 02, 2006 , LexisNexis #0306-097
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Cook v. Terlecky (In re Cook)

Jan
04
2006
Ruling
Bankruptcy court did not abuse its discretion in approving a compromise and settlement of state court litigation involving sale of real property since no creditors objected to the sale and the sale was unlikely to be rescinded.
Procedural posture

Appellee trustee and purchaser moved for approval of a compromise and settlement of state court litigation involving real property in which appellant debtor claimed an interest. The bankruptcy court granted the motion. The debtor appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 04, 2006 , LexisNexis #0106-130
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