- 11 U.S.C.
In re Cochonour
Aug
02
2007
Ruling
Administrator of decedent's estate violated stay by filing forgery action against debtor.
Procedural posture
A chapter 7 debtor claimed that a decedent's estate and an attorney who represented the estate violated the automatic stay provision of 11 U.S.C. § 362, he filed a motion to impose sanctions, pursuant to 11 U.S.C. § 362(k), on the estate and the attorney. The estate and the attorney opposed the motion.
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Court
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In re Nance
Jul
10
2007
Ruling
Above-median debtor required to propose five-year plan unless unsecured creditors were paid in full.
Procedural posture
In each of the debtors'cases, the chapter 13 trustee objected to confirmation on the grounds that the proposed plan failed to use the proper methodology to calculate "projected disposable income" and/or failed to provide for payment of all of debtors'disposable income for a period of five years.
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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
:
- 11 U.S.C.
In re Barrett
Jul
10
2007
Ruling
Above-median debtor could claim ownership expense for motorcycle owned free and clear.
Procedural posture
The trustee in bankruptcy objected to the confirmation of the proposed plan of a single, above-median income, chapter 13 debtor, who claimed an ownership expense for two motor vehicles on form B22C, arguing the debtor had not applied all of her "projected disposable income" to make payments to unsecured creditors under her plan as required by 11 U.S.C. § 1325(b).
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Court
:
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.
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Court
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In re Brand
Mar
15
2007
Ruling
Internal Revenue Manual not valid for interpreting means test in bankruptcy cases.
Procedural posture
Debtors filed a voluntary petition for relief under chapter 7, claiming an ownership expense for an unencumbered vehicle and an expense for a 401(k) loan repayment. The U.S. Trustee filed a motion to dismiss pursuant to 11 U.S.C. § 707(b)(1) and (b)(2).
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Court
:
- 11 U.S.C.
In re Ybarra
Jan
26
2007
Ruling
Debtors were ineligible for discharge in case filed within four years of prior chapter 13 case that was converted to chapter 7.
Procedural posture
The United States Trustee sought a determination that chapter 13 debtors'discharge was barred by 11 U.S.C. § 1328(f)(1).
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Court
:
Roswell v. GCS Fed. Credit Union (In re Roswell)
Jan
12
2007
Ruling
Relief from stay granted to creditor with motor vehicle lien due to debtor's continuing failure to make payments.
Procedural posture
Creditor filed a motion for relief from the automatic stay, 11 U.S.C. § 362, to abandon property. Chapter 13 debtor filed a complaint to compel turnover of property and enforce the automatic stay.
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Court
:
- 11 U.S.C.
Gale Aulabaugh Inc. v. Madison License & Check Exp. (In re Stordahl)
Jan
12
2007
Ruling
Discharge denied where debtor failed to explain prepetition loss of large sums of money.
Procedural posture
Creditor filed an adversary proceeding against chapter 7 debtor, objecting to debtor's discharge pursuant to 11 U.S.C. § 727(a)(5).
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Court
:
In re Feddersen
Nov
15
2006
Ruling
Secured creditor could not avail itself of claim bifurcation process where debtor surrendered collateral in full satisfaction of debt.
Procedural posture
Creditor, which held a purchase money security interest in debtor's motor vehicle purchased within 910 days of the petition date, filed an objection to the confirmation of debtors'chapter 13 plan, asserting it was entitled to an unsecured claim for the deficiency owed on the vehicle that debtors proposed to surrender in full satisfaction of creditor's claim, under the revised form of 11 U.S.C. § 1325(a)(5).
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Court
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