- 11 U.S.C.
In re Petro
Jan
23
2008
Ruling
Debtors who calculated projected disposable income as set forth under BAPCPA could not be found to have acted in bad faith.
Procedural posture
The Standing Chapter 13 Trustee for the Middle District of Tennessee filed objections to the debtors'proposed chapter 13 plan, asserting that the proposed plan failed to use the proper methodology to calculate the debtors' projected disposable income pursuant to 11 U.S.C. § 1325(b)(2), therefore had not been proposed in good faith. The trustee also objected to a telecommunications expense deduction of $350.
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Court
:
- 11 U.S.C.
In re Liebold
Jan
09
2008
Ruling
Creditor's deficiency claim barred by hanging paragraph where debtor proposed to surrender "910" vehicle.
Procedural posture
The debtors filed for bankruptcy relief under chapter 13 of the United States Bankruptcy Code and filed a proposed plan. A secured creditor objected to the plan. The court issued findings of fact and conclusions of law.
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Court
:
- 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
:
- 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
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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 Mitchell
Nov
13
2007
Ruling
Inclusion of negative equity in financing defeated purchase money security interest status and allowed for bifurcation of debt.
Procedural posture
Bankruptcy debtors' proposed chapter 13 plan provided for treatment of a claim of a creditor secured by the debtor's vehicle as secured only to the extent of the value of the vehicle. The creditor objected to bifurcation of its claim into secured and unsecured claims, asserting that 11 U.S.C. § 1325(a) (hanging paragraph referencing paragraph 5) precluded such bifurcation based on the creditor's purchase-money security interest ("PMSI").
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Court
:
In re Hayes
Nov
01
2007
Ruling
Protection of hanging pargraph not available for non-purchase money security interest portions of debt.
Procedural posture
In proceedings that were consolidated for a decision, the debtors filed for relief under chapter 13, and had proposed in their chapter 13 plans to "strip down" the amounts owed to the creditors for financed vehicles. The creditors objected to the proposed plan payments, and claimed that they held purchase money security interests ("PMSI") for the full amounts financed pursuant to 11 U.S.C. § 1325.
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Court
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