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

Aug

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.

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Court :

Central District of Illinois ( Judge Altenberger ) [ Bankruptcy Court ]

opinion summary, case decided on August 15, 2005 , LexisNexis #0106-126

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11 U.S.C.

In re Brown

Jul

2005

Ruling

Code's good faith requirement warranted granting trustee's motion to amend debtor's confirmed chapter 13 plan due to increase in available income.

Procedural posture

Chapter 13 trustee filed a motion for a modification of debtor's confirmed plan to raise the monthly plan payments, on the grounds that his disposable income significantly increased following plan confirmation. Trustee also sought to require debtor to apply the proceeds of a post-confirmation refinancing of his residence as an additional lump sum plan payment.

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Court :

Northern District of Illinois ( Judge Hollis ) [ Bankruptcy Court ]

opinion summary, case decided on July 07, 2005 , LexisNexis #0106-103

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