Skip to main content

Page Banner(Taxonomy)

judge altenberger

In re Meyers

Mar
24
2009
Ruling
Estate's portion of debtor's tax refund calculated using pro rata by days method.
Procedural posture

A debtor filed for chapter 7 relief. Pursuant to 11 U.S.C.S. § 541(a)(1), the chapter 7 trustee moved for turnover of the estate's portion of the debtor's tax refund. The debtor objected to the motion.

ABI Membership is required to access the full summary of In re Meyers Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 24, 2009 , LexisNexis #0509-118
LexisNexis Article
Learn More

Tower Loan of Perryville v. Schroeder (In re Schroeder)

Jun
05
2008
Ruling
Debtors entitled to household goods exemption regardless of noncompliance with terms of security agreement.
Procedural posture

The debtors filed a motion under 11 U.S.C.S. § 522, to avoid creditor's nonpossessory, nonpurchase-money security interest in household goods. The creditor responded by asserting that under 11 U.S.C.S. § 522(f)(4)(A) the Debtors' claim of exemptions was limited to one television and one VCR, and as to the remaining items the security interest could not be avoided. The debtors then filed an amended motion as to only the television and the VCR.

ABI Membership is required to access the full summary of Tower Loan of Perryville v. Schroeder (In re Schroeder) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 05, 2008 , LexisNexis #0708-047
LexisNexis Article
Learn More

In re Myers

Feb
06
2008
Ruling
Debtors bound by mortgage arrearage included in confirmed plan where reservation of rights to object to claims was overbroad.
Procedural posture

A chapter 13 debtor filed an objection to the proof of claim filed by a creditor. The creditor filed a motion to strike the debtor's request for production of documents and for an accounting.

ABI Membership is required to access the full summary of In re Myers Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 06, 2008 , LexisNexis #0308-095
LexisNexis Article
Learn More

In re Perkins

Nov
21
2007
Ruling
Amendment of deceased debtor's plan and subsequent discharged approved over objection of trustee.
Procedural posture

A chapter 13 trustee filed a motion pursuant to Fed. R. Bankr. P. 1016 to dismiss the chapter 13 debtor's case due to the debtor being deceased, and the trustee objected to the amended plan filed on behalf of the deceased debtor.

ABI Membership is required to access the full summary of In re Perkins Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 21, 2007 , LexisNexis #0108-035
LexisNexis Article
Learn More

In re Foehrkalb

Nov
13
2007
Ruling
Debtors'maintenance of three cars necessary to household did not violate best interests of creditors test.
Procedural posture

The chapter 13 trustee filed an objection to the debtors' proposed plan stating that the plan did not meet the "best interests" test of 11 U.S.C. § 1325(a)(4). The main focus of the trustee's objection was the debtors'proposed retention of a vehicle.

ABI Membership is required to access the full summary of In re Foehrkalb Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 13, 2007 , LexisNexis #1207-090
LexisNexis Article
Learn More

In re Bridges

May
11
2007
Ruling
Chapter 13 case held open after completion of monthly payments pending payment of personal injury claim also called for under plan.
Procedural posture

A trustee filed a motion to hold a debtor's chapter 13 case open until the personal injury proceeds were paid. The debtor objected that she had completed her monthly payments and was entitled to a discharge.

ABI Membership is required to access the full summary of In re Bridges Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on May 11, 2007 , LexisNexis #0607-140
LexisNexis Article
Learn More

Dircks v. Global Fin. Credit L.L.C. (In re Dircks)

Aug
15
2005
Ruling
Court ruled it did not have jurisdiction over debtors'adversary action against a creditor since the trustee had abandoned the claims related to the action and thus had no effect on the estate.
Procedural posture

Plaintiff debtor and the debtor's wife filed a voluntary petition for bankruptcy protection under chapter 7 of the Code. The debtor and the debtor's wife filed an adversary action against defendant creditor to have the court declare as void a prepetition agreement between the parties.

ABI Membership is required to access the full summary of Dircks v. Global Fin. Credit L.L.C. (In re Dircks) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on August 15, 2005 , LexisNexis #0106-126
LexisNexis Article
Learn More
Subscribe to %1