- 11 U.S.C.
In re Cox
Jan
04
2008
Ruling
Settlement funds from lawsuit pending on petition date were property of the estate and could not be turned over to chapter 13 debtor upon voluntary dismissal.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. Thirteen months later, they filed a motion to dismiss their bankruptcy case, and the court granted their motion and directed distribution of the funds. The debtors filed a motion for an order requiring the chapter 13 trustee to turn over funds. The trustee opposed the motion.
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Court
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In re Williams
Dec
10
2007
Ruling
Application of hanging paragraph to vehicle loan prevented creditor's deficiency claim.
Procedural posture
The debtors filed for relief under chapter 13 and submitted a chapter 13 plan. The creditor objected to confirmation of the plan.
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Court
:
Mayes v. Chase Auto Fin. (In re Mayes)
Dec
05
2007
Ruling
Voluntary acceptance of payments tendered by willing debtor did not violate discharge injunction.
Procedural posture
Plaintiff debtor filed a complaint against defendant creditor for impairment of collateral and/or conversion of postpetition payments received from the debtor. Additionally, the debtor sought an order directing the creditor to provide an accounting of all postpetition payments received from the debtor and to return these payments to the debtor or to pay them over to the chapter 7 trustee.
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Court
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In re Knox
Nov
20
2007
Ruling
Debtor could surrender truck purchased within 910 days of filing and secured by purchase money security interest in full satisfaction of debt.
Procedural posture
A creditor objected to the confirmation of a debtor's chapter 13 plan and plan terms.
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Court
:
- 11 U.S.C.
In re Swann Land LLC
Nov
20
2007
Ruling
Court declined to appoint chapter 11 trustees in cases filed by limited liability companies and dismissed the cases as the companies could not file pro se.
Procedural posture
The United States Trustee filed a motion for appointment of a trustee pursuant to 11 U.S.C. § 1104 or in the alternative, for dismissal in two chapter 11 cases involving related debtors, two limited liability companies.
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Court
:
In re Keck
Oct
23
2007
Ruling
Overruling of objection to confirmation stood after reversal due to creditor's failure to obtain stay pending appeal.
Procedural posture
A chapter 13 trustee objected to a creditor's proof of claim under a retail installment contract and security agreement with the debtors.
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Court
:
In re Keck
Oct
05
2007
Ruling
Creditor who did not obtain stay pending appeal was bound by plan confirmation regardless of objections.
Procedural posture
Debtors' chapter 13 plan provided for the surrender of a truck in full satisfaction of the related debt and was confirmed over the objection of the creditor which held a secured interest in that truck and which had filed a $17,311 secured claim in relation thereto. The creditor appealed both orders and also filed an amended unsecured deficiency claim for $6,102. The chapter 13 trustee objected to both claims on the ground of res judicata.
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Court
:
- 11 U.S.C.
In re Dyer
Oct
04
2007
Ruling
Four year prohibition on refiling runs from chapter 7 petition date not from date of discharge.
Procedural posture
After two separate chapter 13 bankruptcy filings were made by persons who had been debtors and had received discharges under chapter 7 in previous years, the court considered whether the four-year period referred to in 11 U.S.C. § 1328(f)(1) began to run on the date on which each such debtor received a chapter 7 discharge or from the date on which each such prior chapter 7 case was filed.
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Court
:
- 11 U.S.C.
In re Collins
Jul
19
2007
Ruling
Confirmation denied due to requirement that trustee not pay any mortgage payment increases or decreases absent plan modification.
Procedural posture
A mortgagee objected to the confirmation of debtors' chapter 13 plan, contending that the plan impermissibly modified its rights under 11 U.S.C. § 1322(b)(2) as evidenced by a loan and security agreement along with a deed of trust pledging the debtors'residence as security for the loan.
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Court
:
Gibbs v. Nevels (In re Nevels)
Jul
09
2007
Ruling
Debtor's misrepresentations, diversion of funds and conversion in construction process rendered debt nondischargeable.
Procedural posture
Plaintiff judgment creditors brought an adversary proceeding against defendant bankruptcy debtor, alleging that the judgment debt was not dischargeable under 11 U.S.C. § 523(a)(2)(A), (4) and (6) based on the debtor's fraud, misappropriation, and willful and malicious injury. The creditors moved for summary judgment based on collateral estoppel.
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Court
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