- 11 U.S.C.
In re Zak
Jan
12
2007
Ruling
No presumption of abuse existed where debtor's deductions were properly claimed and disposable income was a negative figure.
Procedural posture
A United States Trustee asserted that bankruptcy debtors, in calculating their monthly disposable income, improperly claimed deductions for mortgage debt secured by realty upon which a mortgagee previously foreclosed, and for ownership/lease expenses for vehicles which the debtors owned free and clear. The trustee moved to dismiss the case based on a presumption of abuse under 11 U.S.C. § 707(b)(2)(a)(i).
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Court
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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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Court
:
- 11 U.S.C.
Oregon State Bar Assn v. Kelley (In re Kelley)
Nov
28
2006
Ruling
Debt owed by attorney who comingled clients'funds with his own was nondischargeable.
Procedural posture
Plaintiff clients filed a motion for summary judgment to determine the dischargeability of their judgments against defendant debtor under 11 U.S.C. § 523(a)(4).
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Court
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In re Conley
Nov
22
2006
Ruling
Comfort order not available to confirm termination of stay due to debtor's failure to state intention to reaffirm debt or redeem collateral.
Procedural posture
A creditor filed a motion for the entry of a comfort order confirming the termination of the automatic stay, pursuant to 11 U.S.C. § 362(j), as to the debtors'automobile.
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Court
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In re McFall
Nov
22
2006
Ruling
Auto repossession did not violate stay which had expired due to debtor's failure to indicate intention to reaffirm debt or redeem collateral.
Procedural posture
Debtor, an individual, moved for an order requiring claimant, a secured creditor, to show cause why it should not be held in contempt for allegedly violating the automatic stay. At issue was whether debtor's statement that he intended to retain certain collateral and to make regular monthly payments thereon satisfied the requirements of 11 U.S.C. § 362(h)(1).
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Court
:
- 11 U.S.C.
In re Dean
Nov
21
2006
Ruling
Court exercised equitable powers to reduce creditor's claimed late charges and costs.
Procedural posture
Debtor objected to an amended proof of claim filed by claimant, the holder of an interest on debtor's property. At issue was whether the court might properly exercise its powers under 11 U.S.C. § 105 to reduce the amount allowable thereunder.
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Court
:
- 11 U.S.C.
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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Hatfield v. Providian (In re Hatfield)
Nov
13
2006
Ruling
Creditor had no duty to notify assignee of debtor's bankruptcy.
Procedural posture
Defendant creditor moved to dismiss an adversary complaint filed by plaintiff debtor alleging that defendant violated the automatic stay imposed by 11 U.S.C. § 362. At issue was whether, by failing to notify an entity to which plaintiff's account had been assigned, which entity then acted in violation of the stay, defendant violated 11 U.S.C. § 362(a) and whether defendant had a legal duty to advise its assignee of the bankruptcy filing.
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Court
:
In re Franks
Nov
08
2006
Ruling
Sanctions not warranted for violation of discharge injunction where creditor made immediate good faith effort to comply upon receiving notice.
Procedural posture
Chapter 13 debtor filed an objection to claimant's proof of claim and sought sanctions against claimant for violating the discharge injunction of 11 U.S.C. § 524(a).
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Court
:
- 11 U.S.C.
Sicherman v. Skiljan (In re Skiljan)
Nov
07
2006
Ruling
Discharge revoked due to debtor's failure to turn over funds to trustee.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtor, seeking to revoke the debtor's previously granted discharge pursuant to 11 U.S.C. § 727(a)(6)(A) and (d)(3), based on the debtor's failure to comply with the court's order to turn over funds to the trustee. The trustee moved for summary judgment, and the debtor did not respond.
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Court
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