- 11 U.S.C.
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.
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- 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.
In re Delp
Feb
09
2009
Ruling
Confirmation of amended plan denied due to unwarranted deduction in proposed payments.
Procedural posture
The debtors filed a chapter 13 petition. After the debtors filed their first and second amended plans, the trustee objected pursuant to 11 U.S.C.S. § 1325(a)(3) on the grounds that the debtors reduced their plan payments by $ 472 per month without providing any supporting documentation or explanation. The bankruptcy court held a hearing on the trustee's objection.
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Crawford v. Credit Acceptance Corp. (In re Crawford)
Dec
24
2008
Ruling
Creditor's failure to repair auto disabling device was a willful violation of stay entitling debtor to damages.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor secured by the debtor's vehicle, seeking a determination that the creditor violated the automatic bankruptcy stay by failing to repair a disabling device installed on the vehicle by the creditor. The debtor sought damages and attorney fees under 11 U.S.C.S. § 362(k) for the creditor's willful violation of the stay.
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:
- 11 U.S.C.
Burk v. Steve & Barrys Ill. LLC
Nov
13
2008
Ruling
Discrimination case against store whose parent company filed for bankruptcy and mall management company stayed in full where store was necessary party.
Procedural posture
Plaintiff customers sued defendant retail store and mall management company, alleging race and ethnicity discrimination in violation of 42 U.S.C.S. § 1981, defamation, and false imprisonment. The retail store filed a suggestion of bankruptcy upon the record, indicating that its parent company had filed for chapter 11 bankruptcy protection. The customers asked that proceedings against both the store and the mall management company be stayed.
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- 11 U.S.C.
Custom Mortg. Solutions Inc. v. Hood (In re Hood)
Oct
02
2008
Ruling
Judgment against debtor's company was not proper basis for finding of nondischargeability.
Procedural posture
Plaintiff, a judgment creditor of a company set up by defendant debtor, brought an adversary proceeding to determine dischargeability pursuant to 11 U.S.C.S. § 523(a)(6) against debtor. The matter was before the court for decision following trial.
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:
- 11 U.S.C.
Redfern v. Williams
Sep
19
2008
Ruling
Bankruptcy court did not err in vacating prior order for debtor to record mortgage in favor of creditor where debt did not fall under section 1328 exceptions.
Procedural posture
The bankruptcy court entered orders that, inter alia, vacated a prior agreed order and denied appellant creditors' motion to order appellee debtor to post a recordable third mortgage on her residence in the creditors' favor. The creditors appealed the bankruptcy court's decision.
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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.
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Awalt v. Addison (In re Addison)
May
01
2008
Ruling
Debt related to debtor's sale of stock to creditors was dischargeable absent evidence of false statements or fiduciary relationship.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking a judgment that a debt the debtor owed was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The case was tried to the court.
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:
- 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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