- 11 U.S.C.
In re Roehm
Dec
08
2016
Ruling
Trustee's motion to modify chapter 13 plans denied as the debtors' prepayment of theirconfirmed plans did not justify a finding of cause to further amend their plans. (Bankr. S.D. Ill.)
Issue(s)
Modification of Plan After Confirmation.
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Court
:
- 11 U.S.C.
Deere & Co. v. Grabowski (In re Grabowski)
May
16
2016
Ruling
Creditor's nondischargeability proceeding was time barred.
Issue(s)
Should creditor be allowed to file a late nondischargeability proceeding four months after it became aware of its claim?
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Court
:
- 11 U.S.C.
In re Schweighart
Dec
01
2015
Ruling
Confirmation denied due to lack of feasibility and debtors' bad faith.
Issue(s)
Should confirmation of debtor's chapter 13 plan be denied based on lack of feasibility and as not proposed in good faith?
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Court
:
- FRBP
In re Forby
Jul
07
2015
Ruling
Late-filed proof of claim allowed as relating back to timely informal proof of claim.
Issue(s)
Could a late-filed proof of claim be allowed where creditor had previously filed a timely but deficient proof of claim without using the official form?
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Court
:
- FRBP
In re Hunt
Feb
12
2015
Ruling
Debtor failed to establish grounds for vacating court's order lifting the automatic stay.
Issue(s)
Whether debtor had established grounds required by Fed. R. Bankr. P. 9023 or Fed. R. Bankr. P. 9024 for vacating the court's order lifting the automatic stay.
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Court
:
- 11 U.S.C.
In re Downer
Jul
16
2014
Ruling
Claim for child support arrearage for medical expenses was a nondischargeable domestic support obligation that was entitled to first priority.
Issue(s)
Was claim for past medical expenses on debtor's and former spouse's child that the debtor was previously ordered to pay and for additional healthcare costs for the child not covered by health insurance a nondischargeable domestic support obligation and entitled to priority treatment?
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Court
:
Faulkner v. CEFCU (In re Faulkner)
May
17
2013
Ruling
Creditor's refusal to release title to vehicle until non-debtor co-owner paid deficiency did not violate discharge injunction.
Procedural posture
Debtor filed a complaint against creditor alleging that the creditor violated the discharge injunction, 11 U.S.C.S. § 524(a), by failing to release the title to her vehicle following her completion of her chapter 13 plan and entry of an order of discharge. The creditor argued that it was not required to release its lien and surrender title to the vehicle until the deficiency balance was paid by a non-filing co-debtor.
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Court
:
- 11 U.S.C.
Bruegge v. WBCMT 2007-C33 MID Am. Lodging (In re Estate of HIE of Effingham LLC)
Mar
29
2013
Ruling
Improper abandonment order modified but mortgage on property could not be avoided.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against mortgage creditor seeking to modify a stipulated order which provided for abandonment of a bankruptcy debtor's hotel property based on a settlement upon which the debtor defaulted, and seeking to avoid the creditor's mortgage lien as unenforceable. The trustee moved to modify the stipulated abandonment order and the creditor moved to dismiss the avoidance claim.
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Court
:
In re Nelson
Jun
25
2012
Ruling
Timely income tax claims by IRS did not preclude debtor from filing claims on behalf of IRS for withholding taxes and penalties.
Procedural posture
Debtors filed proofs of claim on behalf of the Internal Revenue Service (IRS) for withholding payroll taxes and penalties due from the debtors' business. The bankruptcy trustee moved to disallow the claims as improperly filed and untimely.
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Court
:
- 11 U.S.C.
In re Austin
Apr
19
2012
Ruling
Claim secured only by mortgage on debtor's primary residence on petition date could not be modified.
Procedural posture
This matter came before the court on a creditor's Objection to Amended Plan. The creditor objected to the treatment of its mortgage in debtors' plan.
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Court
: