- 11 U.S.C.
Brock v. Branch Banking & Trust Co. (In re Johnson)
Dec
21
2007
Ruling
Enabling loan exception to avoidance not available where security interest in truck was not perfected within 20 days of purchase.
Procedural posture
In this pre-Bankruptcy Abuse Prevention and Consumer Protection Act preference action, plaintiff trustee appealed the Bankruptcy Court for the Eastern District of Kentucky's ruling that the lien on debtor's motor vehicle was protected from avoidance by the enabling loan exception, which excepted from avoidance certain security interests perfected within 20 days of debtor's possession of the collateral. Defendant was the lender.
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Court
:
Judge or Jurisdiction information not available
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
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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
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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
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- 11 U.S.C.
In re Spurgeon
Oct
10
2007
Ruling
Plan provision for surrender of mobile home could not include post-filing installment payments in expense deductions.
Procedural posture
Chapter 13 trustee objected to confirmation of the debtor's proposed chapter 13 plan on the ground that it did not satisfy the disposable income test of 11 U.S.C. § 1325(b)(1).
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Court
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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
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In re Kidwell
Oct
04
2007
Ruling
Motion to redeem motor vehicle effectively amended debtor's prior statement of intent to reaffirm.
Procedural posture
The debtor moved to redeem his motor vehicle from the secured creditor thereof, and the creditor objected. At issue was whether the debtor was bound by his prior statement of intent to reaffirm the debt, and if he was not bound, what value should be assigned to the vehicle for purposes of redemption. The creditor argued that the debtor failed to timely amend his statement of intent to reaffirm, and was not entitled to redeem the vehicle.
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Court
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