- 11 U.S.C.
In re Vinson
Jan
27
2006
Ruling
Debtors were not permitted to claim state homestead exemption because the state law authorizing the exemption violated the Code by exempting non-debtor property.
Procedural posture
Petitioner debtors each claimed a homestead exemption in the same real property. Respondent trustee objected.
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Court
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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 Keith
Jan
25
2006
Ruling
Debtor failed to disclose an insurance fraud claim during the debtor's case and claimed a state law exemption after the case was reopened in bad faith.
Procedural posture
On November 5, 2003, an order of discharge on behalf of debtors was entered. On June 7, 2005, the trustee moved to reopen the case on the grounds that he learned that one debtor had an insurance fraud claim worth approximately $5,000 which was not reported during the course of the bankruptcy case. Debtors filed an amended Schedule B to list the fraud claim and asserted an exemption under Ky. Rev. Stat. Ann. § 427.010(1). The trustee objected.
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Court
:
- 11 U.S.C.
United States v. Bastin (In re Bastin)
Jan
24
2006
Ruling
Debtor was denied a discharge for not keeping adequate records, and the denial did not require finding of an intent to defraud.
Procedural posture
Plaintiff U.S. government filed an adversary complaint seeking to deny a discharge to defendant debtor pursuant to 11 U.S.C. § 727(a)(3) and (4). The government moved for summary judgment.
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Court
:
- 11 U.S.C.
Simpson v. Simpson (In re Simpson)
Jan
24
2006
Ruling
Deficiency obligation was nondischargeable, and the debtor was ordered to make small payments since the debtor had assumed the debt pursuant to a prepetition divorce and the payments would not materially lower the debtor's standard of living below that of the former husband.
Procedural posture
Plaintiff former husband filed an adversary proceeding against defendant debtor, the former wife, to challenge the dischargeability of a debt for a vehicle, pursuant to 11 U.S.C. § 523(a)(15). The obligation for the debt incurred to purchase the vehicle had been assigned to the debtor as part of the prepetition divorce proceeding.
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Court
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In re Koliba
Jan
20
2006
Ruling
Court denied a trustee's motion for denial of the debtor's attorney's fees since the attorney had made a technical filing error and had promptly corrected it.
Procedural posture
In earlier proceedings, the trustee filed a motion to dismiss the debtors'petition for bankruptcy relief because debtors'counsel had not complied with the signature requirements for electronic filing, and the motion to dismiss was denied. The trustee also asked the court to review and deny the fees paid to the debtors'attorney, pursuant to 11 U.S.C. § 329(a) and to order a full or partial disgorgement of the fees already paid.
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Court
:
In re Evans
Jan
20
2006
Ruling
Court sustained debtors' objection to some of a creditor mortgagee's proof of claim for attorneys'fees and costs since the creditor could not make a secured arrearage claim under section 1322(e) if the fees and costs did not first qualify as part of a secured claim under section 506(b).
Procedural posture
In a chapter 13 bankruptcy case, debtors objected to a proof of claim filed by creditor, a mortgagee. More specifically, they objected to the extent of creditor's claim. The court conducted a hearing on the objection.
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Court
:
- 11 U.S.C.
Field v. Wells Fargo (In re Bross)
Jan
18
2006
Ruling
Trustee was able to avoid a transfer pursuant to section 544(a)(3) since the mortgage was not signed by the debtor and, thus, not fully executed.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant mortgagee seeking to avoid a putative mortgage under 11 U.S.C. § 544(a)(3) on the ground that the mortgage was not signed by the bankruptcy debtor as the mortgagor as required by Ohio Rev. Code Ann. § 5301.01. The trustee and the mortgagee cross-moved for summary judgment.
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Court
:
- 11 U.S.C.
In re WDS Inc.
Jan
17
2006
Ruling
Debtor's motion to alter an order granting turnover to a trustee of the debtor's counsel's retainer and related motions were denied since the counsel had not filed an application for employment and the debtor did not show extraordinary circumstances for why the application was not filed.
Procedural posture
The debtor initially filed for relief under chapter 11, and the matter was converted to a chapter 7 proceeding. The debtor filed a motion to alter or amend the court's earlier turnover orders related to attorney's fees, to approve the attorney's application for employment, nunc pro tunc, and the application to employ debtor's attorney for the estate.
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Court
:
- 11 U.S.C.
In re Jillians Entmt Holdings Inc.
Jan
13
2006
Ruling
Creditor landlord was granted rents due as an administrative expense.
Procedural posture
Creditor landlord filed an application seeking an order requiring the administrator of debtor's chapter 11 plan to pay, as an administrative expense, the amount owed to it under debtor's lease, pursuant to 11 U.S.C. §§ 503(a) and 507(a)(1), The administrator objected to the landlord's application.
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Court
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