- 28 U.S.C.
In re Bradshaw
Aug
25
2006
Ruling
Application fo filing fee waiver denied where debtor had excess monthly income sufficient to pay in installments.
Procedural posture
A chapter 7 debtor filed an application asking the court to waive the bankruptcy filing fee in her case as allowed under 28 U.S.C. § 1930(f)(1). The chapter 7 trustee objected to the application, contending that the debtor had not correctly and fully disclosed her monthly income. In response to the trustee's objection, the debtor filed amended schedules and an amended fee waiver application with the court.
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Court
:
- 11 U.S.C.
Coffey v. Coffey (In re Coffey)
Aug
21
2006
Ruling
Former spouse's claim of Interest in marital property did not become debt if not yet ruled upon by divorce court.
Procedural posture
Plaintiff, debtor and former husband, filed an adversary complaint seeking a determination that defendant creditor-former wife's as yet undetermined state court property settlement claims were discharged, except for a nominal claim. The wife disputed the discharge. The parties filed cross motions for summary judgment, and the court considered whether the proceeding should be dismissed for failure to present a justiciable case or controversy.
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Court
:
- 11 U.S.C.
In re Reyes
Aug
18
2006
Ruling
Chapter 13 case dismissed due to debtor's failure to obtain credit counseling or to establish exigent circumstances to justify a waiver.
Procedural posture
A debtor was required to appear and show cause why her chapter 13 bankruptcy case should not have been dismissed for failure to obtain the consumer credit counseling briefing required by 11 U.S.C. § 109(h)(1).
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Court
:
- 11 U.S.C.
Fugate v. Equity One Inc. (In er Graybeal)
Aug
17
2006
Ruling
Erroneously released deed of trust could be preserved for benefit of estate over objection of junior lienholder.
Procedural posture
Chapter 7 trustee filed a motion for summary judgment in its action, which sought to preserve an avoided lien for the benefit of the estate pursuant to 11 U.S.C. § 551. Creditor filed a cross motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Tomlinson
Aug
07
2006
Ruling
Trustee could not recover one-half value of Cessna aircraft from debtor's former spouse absent evidence of debtor's one-half ownership.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary proceeding against defendant debtor's former husband, seeking to recover one-half the value of a Cessna aircraft pursuant to the provisions of 11 U.S.C. §§ 544 and 550. After denying the parties' cross-motions for summary judgment, the court held a hearing on the decisive issues, i.e., whether the debtor ever owned a one-half interest in the aircraft.
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Court
:
Still v. Gault (In re Gault)
Aug
04
2006
Ruling
Concealment of prepetition property did not provide grounds for revocation of discharge.
Procedural posture
In a chapter 7 case, plaintiff trustee sued defendant debtor, seeking to revoke the debtor's discharge pursuant to 11 U.S.C. § 727(d)(2). The court denied the trustee's motion for default judgment and dismissed the complaint. The trustee then moved to vacate the dismissal.
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Court
:
In re Cole
Jul
31
2006
Ruling
Case dismissed where debtor obtained credit counseling on filing date and not within 180 days before filing.
Procedural posture
Chapter 13 trustee filed a motion to dismiss debtor's bankruptcy case for failure to timely obtain the credit counseling briefing required by 11 U.S.C. § 109(h).
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Court
:
Webb v. Bible (In re Bible)
Jul
13
2006
Ruling
Debtor's motion to dismiss creditor's proceeding seeking denial of discharge was granted in part and denied in part since creditor had sufficiently pled fraud claim.
Procedural posture
Plaintiff judgment creditor filed an adversary proceeding against defendants, a debtor and an individual, in which the creditor sought the denial of the debtor's discharge under 11 U.S.C. § 727(a)(2), (3), (4) and (5), a determination regarding the dischargeability of a debt under 11 U.S.C. § 523(a)(6), alleged fraudulent conveyances. Defendants moved to dismiss.
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Court
:
In re Long
Jul
12
2006
Ruling
Plan was confirmed since court held that debtors could surrender vehicles in full satisfaction of debt and creditors could not assert unsecured claim for deficiency balance.
Procedural posture
Two creditors holding secured interests in debtors' motor vehicles challenged the confirmation of debtors'plan as not meeting the requirements of 11 U.S.C. § 1325(a)(1) and (a)(3), and did not provide for adequate protection pursuant to 11 U.S.C. § 361, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
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Court
:
- 11 U.S.C.
In re Fee
Jul
06
2006
Ruling
Court disallowed creditor's secured claim since confirmation order controlled and plan called for debtors to surrender vehicle in full satisfaction of debt.
Procedural posture
Debtors filed a voluntary bankruptcy petition. A creditor, which held a security interest in the debtors'automobile, filed a secured claim. A chapter 13 bankruptcy trustee filed an objection to the creditor's proof of claim.
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Court
: