In re Polla
Jun
12
2015
Ruling
Relief from stay granted due to debtor's ongoing failure to make payments on loan and lack of adequate protection.
Issue(s)
Was creditor secured by a lien on debtor's residence in which debtor claimed a homestead exemption for the difference between the value of the property and the secured claim entitled to relief from stay due to debtor's ongoing failure to make payments and lack of an equity cushion?
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Court
:
In re Altmeyer
Oct
02
2014
Ruling
Trustee's motion for sale of property free and clear denied as property had revested with debtor upon plan confirmation.
Issue(s)
Should trustee's postconfirmation motion for sale of estate property free and clear be granted?
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Court
:
- 11 U.S.C.
Newberry v. United States (In re Newberry)
Feb
19
2013
Ruling
Seizure of tax refund was a proper offset but violated stay.
Procedural posture
Plaintiff debtor sued defendants, departments of the federal government, for a judgment that seizure of debtor's federal tax refund on account of an outstanding and unpaid mortgage deficiency judgment against plaintiff and her ex-husband was an improper offset per 11 U.S.C.S. § 553, that the action violated the automatic stay in 11 U.S.C.S. § 362, that she was entitled to orders turning that amount over to her and awarding § 362(k) damages
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Court
:
- 11 U.S.C.
IndianaKentucky Regional Council of Carpenters Joint Apprenticeship & Training Comm. v. Kesler (In re Kesler)
Mar
09
2009
Ruling
Debt owed to apprenticeship and training trust fund was a nondischargeable educational loan.
Procedural posture
Plaintiff apprenticeship and training trust fund sued defendant chapter 7 debtor, alleging that the educational assistance received by the debtor from the fund qualified as an educational loan, and thus, was exempt from discharge pursuant to 11 U.S.C.S. § 523(a)(8)(A).
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Court
:
- 11 U.S.C.
Simon v. Zittel
Mar
19
2008
Ruling
Withdrawals from debtors' retirement accounts within six months of petition date were not "income."
Procedural posture
A trustee objected, pursuant to 11 U.S.C.S. § 1325(b)(1)(B), to confirmation of the debtors' proposed chapter 13 plans.
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Court
:
In re Franco
Feb
12
2008
Ruling
Trustee's objection to confirmation overruled via application of good faith standards.
Procedural posture
A chapter 13 trustee filed an objection to confirmation of a plan, contending that the debtors should have been compelled to surrender one of three encumbered vehicles on the ground that it was not reasonable or necessary for them to retain a third vehicle.
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Court
:
- 11 U.S.C.
In re Herbord
Jan
14
2008
Ruling
"Old car" expense set forth in IRS manual was not deductible from disposable income calculation.
Procedural posture
Bankruptcy debtors who were above-median income debtors calculated their disposable income by deducting vehicle operation and ownership expenses, and also "old car" operating expenses for vehicles over six years old. The bankruptcy trustee asserted that the "old car" expenses were not deductible and objected to confirmation of the debtors' plans on the ground that not all disposable income was applied to pay creditors.
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Court
:
- 11 U.S.C.
In re Trombetta
Jan
04
2008
Ruling
Plan could be modified post-lien avoidance to allow benefit to priority unsecured creditors.
Procedural posture
Following the avoidance of a lien on the debtor's motor vehicle, the debtor proposed a modification to the plan. The chapter 13 trustee objected to the plan modification, asserting that the value received from avoidance must be directed to the exclusive benefit of the general unsecured creditors. The debtor countered that the priority unsecured claims must be paid in full before the general unsecured creditors.
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Court
:
In re Sallee
Nov
15
2007
Ruling
Above median debtors not required to surrender two of four vechicles where plan was proposed in good faith as "reasonably necessary" inquiry does nto apply under BAPCPA.
Procedural posture
The chapter 13 trustee filed an objection to confirmation of the debtors'proposed plan. The trustee argued that the good faith standards set forth in 11 U.S.C. § 1325(a)(3) and (7) required the debtors to surrender two of their four vehicles. In the alternative, the trustee argued that the payments on the extra vehicles were not reasonable and necessary expenses.
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Court
:
- 11 U.S.C.
In re Barrett
Jul
10
2007
Ruling
Debtor could claim housing and vehicle deduction in excess of actual expenditures.
Procedural posture
Chapter 13 creditor objected to confirmation of the debtor's plan under 11 U.S.C. § 1325(b)(2) on the grounds that the plan did not apply all of the debtor's projected disposable income to payments to unsecured creditors.
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Court
: