Ohio

Parker v. Hudson (In re Hudson)

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.
Ruling: 
Discharge denied due to debtor's failure to comply with order for turnover of portion of income tax refund.
ABI Membership is required to access the full summary of Parker v. Hudson (In re Hudson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Allen

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.
Ruling: 
Creditor was not entitled to administrative expense claim for excess mileage subsequent to breach of vehicle lease.
ABI Membership is required to access the full summary of In re Allen. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Kowalski

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.
Ruling: 
Valuation established in chapter 13 case applied to redemption by debtors after conversion to chapter 7.
ABI Membership is required to access the full summary of In re Kowalski. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Parker v. Thompson (In re Thompson)

Defendant debtor filed his state and federal income tax returns which evidenced refunds in the amount of $6,258.00. The court ordered that debtor turnover to plaintiff trustee the nonexempt portion of his tax refunds. Receiving no payment from debtor, the trustee filed an adversary proceeding to deny discharge under 11 U.S.C. § 727 for refusal to follow the court's order. The trustee moved for summary judgment.
Ruling: 
Debtor's failure to obey court order for turnover of income tax refunds was grounds for denial of discharge.
ABI Membership is required to access the full summary of Parker v. Thompson (In re Thompson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Crews

Two cases were before the court on the chapter 13 trustee's objections to confirmation of the debtors'chapter 13 plans.
Ruling: 
Above-median debtors could take transportation ownership expense even for non-liened vehicles in calculating means test.
ABI Membership is required to access the full summary of In re Crews. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Haar

The United States Trustee filed a motion to dismiss chapter 7 debtors'case pursuant to 11 U.S.C. § 707(b)(2).
Ruling: 
Inclusion of mortgage payments on property to be surrendered in means test was appropriate and not grounds for substantial abuse dismissal.
ABI Membership is required to access the full summary of In re Haar. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Osborne

A trustee filed a motion to modify the debtors'confirmed chapter 13 plan to comply with 11 U.S.C. § 1325(b)(1)(B). The debtors opposed the motion.
Ruling: 
Trustee's motion to modify confirmed plan to increase dividend to unsecured creditors granted.
ABI Membership is required to access the full summary of In re Osborne. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Todd

In a chapter 7 proceeding, the trustee sought possession of funds in debtor's bank account. The debtor objected to the trustee's motion for turnover.
Ruling: 
Funds represented by checks not yet honored on petition date were property of the estate and subject to turnover.
ABI Membership is required to access the full summary of In re Todd. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Irby v. Preferred Credit (In re Irby)

Plaintiff, a discharged bankruptcy debtor, filed an adversary proceeding complaint against defendant creditor, alleging that it had violated 11 U.S.C. §§ 524 and 727, by continuing to report her discharged debt and/or failing to update its listing with credit reporting agencies. She contended that, by its conduct, the creditor had violated the discharge injunction and order entered in her case. The creditor moved to dismiss the complaint.
Ruling: 
Continued post-discharge listing of debt on credit report did not violate discharge injunction.
ABI Membership is required to access the full summary of Irby v. Preferred Credit (In re Irby). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Zak

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).
Ruling: 
No presumption of abuse existed where debtor's deductions were properly claimed and disposable income was a negative figure.
ABI Membership is required to access the full summary of In re Zak. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Ohio