In re Bass
Jun
09
2006
Ruling
Court denied motion to dismiss since debtor had substantially complied with section 109(h) requirements.
Procedural posture
Debtor filed a motion for an extension of time to obtain credit counseling. The trustee filed an objection. The trustee also filed a motion seeking the dismissal of the debtor's chapter 7 case for failure to comply with the provisions of 11 U.S.C.S. § 109(h)(1) and (h)(3)(B) pursuant to 11 U.S.C. § 707(a).
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Court
:
- 11 U.S.C.
In re Wagner
May
22
2006
Ruling
Creditor's objection to plan confirmation was sustained since proposed plan violated equal monthly payment requirement.
Procedural posture
Objector creditor filed an objection to confirmation of the debtor's chapter 13 plan and asked the court to deny confirmation.
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Court
:
- 11 U.S.C.
Columbiana County Sch. Emples. Credit Union Inc. v. Cook (In re Cook)
Apr
03
2006
Ruling
Creditor was denied a motion for summary judgment since the creditor did not allege a prima facie case of discharge by fraud.
Procedural posture
Appellant creditor challenged the Bankruptcy Court for the Northern District of Ohio's order denying its motion for default judgment and dismissing its complaint against appellee debtor without prejudice.
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- 11 U.S.C.
In re Ezell
Mar
13
2006
Ruling
Court ruled that section 1325(a)(5)'s anti-cramdown paragraph allowed debtors to surrender creditor's collateral to satisfy an allowed secured claim in full.
Procedural posture
A contested matter was before the court on a secured creditor's Objection to Confirmation of Plan and Plan Terms, objecting to confirmation of debtors'chapter 13 plan.
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Court
:
In re Appalachian Star Ventures Inc.
Mar
09
2006
Ruling
Trustee was denied motion for disgorgement of the debtor's attorney's retainer following conversion of case to chapter 7 since the attorney held a lien on the retainer and was not similarly situated with unsecured administrative claimants.
Procedural posture
With court approval, a bankruptcy debtor paid a retainer to an attorney to represent the debtor in chapter 11 proceedings, but the debtor's case was subsequently converted to chapter 7. The chapter 7 trustee moved for disgorgement of the attorney's retainer pursuant to 11 U.S.C. § 726(b) to allow a pro rata distribution to administrative claimants, including the attorney.
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Court
:
- 11 U.S.C.
Educ. Credit Mgmt. Corp. v. Barrett (In re Barrett)
Mar
02
2006
Ruling
Discharge of the debtor's student loans due to undue hardship was affirmed even though the debtor did not present expert evidence concerning the debtor's medical problems.
Procedural posture
Appellant creditor sought review of an order of the Bankruptcy Court for the Northern District of Ohio that discharged appellee debtor's student loans as the result of undue hardship pursuant to 11 U.S.C. § 523(a)(8).
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- 11 U.S.C.
Wellman v. Salt Creek Valley Bank (In re Wellman)
Jan
26
2006
Ruling
Dismissal of debtors'chapter 13 case was affirmed since a substantial deficit in plan payments showed the debtors had materially defaulted in performing under their plan's terms.
Procedural posture
Debtors appealed from the bankruptcy court's orders: (1) dismissing their chapter 13 case with prejudice; and (2) denying their motion to reconsider the order of dismissal. Appellee was a first lienholder on a parcel of unimproved land adjacent to debtors'residence.
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- 11 U.S.C.
In re Johnson
Jan
09
2006
Ruling
Creditor could not foreclose on the debtor's home since the stay did not automatically end after 30 days with respect to the debtor's home and thus remained in effect until the debtor's case was dismissed or discharged.
Procedural posture
The court conducted a hearing on debtor's motion to extend the automatic stay and the creditor's opposition thereto. The court granted debtor's motion in open court and asked debtor's attorney to submit an order. The court signed the order granting the motion, but due to the nature of the creditor's opposition to the motion, the court entered a memorandum opinion clarifying its ruling.
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Court
:
- 11 U.S.C.
In re Blurton
Dec
13
2005
Ruling
Debtors were not granted administrative fees for payment of attorneys' fees since their counsel was not employed by or approved by the trustee.
Procedural posture
Debtors filed a motion for payment of an administrative claim under 11 U.S.C. § 503(b). The debtors sought payment of attorney's fees and reimbursement of appraisal costs. They also requested reimbursement for mileage and for "administrative hours" composed of the personal time both debtors spent on the case. Both the chapter 7 trustee and the United States trustee filed objections.
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Court
:
- 11 U.S.C.
In re Wilson
Dec
05
2005
Ruling
Debtors were denied unopposed motions to impose automatic stays despite prior recent filings since they did not overcome presumption of bad faith.
Procedural posture
Three chapter 13 debtors filed motions asking the court to extend the automatic stay beyond the 30-day automatic expiration period set forth in 11 U.S.C. § 362(c)(3)(A). A creditor of one of these debtors opposed the motion. Two other chapter 13 debtors filed unopposed motions to impose the automatic stay pursuant to section 362(c)(4)(B).
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Court
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