Grant v. Mosher (In re Grant)
Mar
19
2007
Ruling
Confirmation denied where above-median debtors proposed to pay less than all disposable income into plans.
Procedural posture
A trustee objected to confirmation of the debtors' proposed chapter 13 bankruptcy plans on the ground that they did not propose to pay all of their disposable income into their plans for the "applicable commitment period"of five years under 11 U.S.C. § 1325(b)(4).
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Court
:
- 11 U.S.C.
Clippard v. Bass
Mar
13
2007
Ruling
Extension of time to comply with credit counseling requirement reversed and case dismissed due to lack of exigent circumstances.
Procedural posture
Appellant United States Trustee sought review of an order from the bankruptcy court, which granted appellee chapter 7 debtor's motion to extend time for the credit counseling required under 11 U.S.C. § 109(h)(1) and which denied the trustee's motion to dismiss the debtor's bankruptcy case.
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Court
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In re Harrell
Mar
05
2007
Ruling
Hanging paragraph barred creditor's deficiency claim upon debtors'surrender of vehicle in full satisfaction of debt.
Procedural posture
Bankruptcy debtors proposed a chapter 13 plan which provided for surrender of a vehicle to the creditor secured by the vehicle in full satisfaction of the debt to the creditor. The creditor objected to confirmation of the debtors'plan on the ground that it improperly precluded the creditor from asserting a deficiency claim.
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Court
:
In re Gable
Mar
05
2007
Ruling
Debtor's surrender of vehicle satisfied creditor's secured claim in full.
Procedural posture
Bankruptcy debtors proposed a chapter 13 plan which provided for surrender of a vehicle in full satisfaction of a debt to a creditor secured by the vehicle. The creditor objected to plan confirmation on the ground that the plan precluded the creditor from asserting an unsecured claim for a deficiency.
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Court
:
- 11 U.S.C.
Roberts v. Montgomery (In re Montgomery)
Feb
27
2007
Ruling
Intentional errors and omissions in schedules made with intent to deceive were grounds for denial of discharge.
Procedural posture
An adversary proceeding was before the court upon the Complaint filed by plaintiff trustee objecting to the discharge of defendant debtors. The objection to discharge was grounded on 11 U.S.C. § 727(a)(2)(A), (a)(2)(B) and (a)(4)(A).
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Court
:
- 11 U.S.C.
In re Rice
Feb
16
2007
Ruling
Plan confirmed over objection of creditor to application of "hanging paragraph."
Procedural posture
A secured creditor filed an objection to the proposed chapter 13 plan submitted by two chapter 13 debtors. The creditor's claim was secured by an automobile owned by the debtors. The debtors proposed, in their plan, to surrender the vehicle in full satisfaction of the debt owed to the creditor. The creditor contended that the proposed surrender of the vehicle did not meet 11 U.S.C. § 1325(a)(5) confirmation requirements.
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Court
:
- 11 U.S.C.
Brooks v. Brooks (In re Brooks)
Feb
15
2007
Ruling
Postpetition support enforcement order against debtor violated stay and was void.
Procedural posture
This adversary proceeding was before the court upon a complaint in objection to defendant ex-husband's discharge filed by plaintiff ex-wife. The ex-wife sought a determination that monies owed to her by the ex-husband pursuant to a divorce decree were nondischargeable under 11 U.S.C. § 523(a)(5).
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Court
:
In re Keck
Feb
09
2007
Ruling
Debtors could surrender vehicles in full satisfaction of secured debt.
Procedural posture
Creditor filed an objection to the confirmation of debtors' chapter 13 bankruptcy plan and plan terms. The sole issue the court was called upon to resolve was whether the provision at paragraph 14 of the debtors'plan that the collateral securing the creditor's claims (two vehicles), which debtors proposed to surrender in full satisfaction of the debt, met the confirmation requirements of 11 U.S.C. § 1325(a)(5).
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Court
:
In re Courtney
Feb
08
2007
Ruling
Creditors not entitled to attorneys' fees for dischargeability proceeding filed without court approval and which did not result in benefit to the estate.
Procedural posture
Creditors filed a motion, pursuant to 11 U.S.C. §§ 105(a) and 503(b), for the payment of attorneys'fees incurred in their prosecution of an adversary proceeding against chapter 7 debtor, resulting in the denial of his chapter 7 discharge.
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Court
:
In re Howard
Jan
23
2007
Ruling
Suspended attorney ordered to disgorge prepetition fees due to filing of false certificates of debtor's completion of financial management course.
Procedural posture
Before the court was the bankruptcy trustee's motion seeking an order compelling debtor's attorney to file the statement evidencing debtor's completion of an instructional course in personal financial management, and the trustee's motion for disgorgement of fees pursuant to 11 U.S.C. § 329(b), requesting an order directing that debtor's attorney disgorge all compensation paid him by debtor prior to the commencement of this bankruptcy case.
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Court
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