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Flemming, In re

Mar
24
2025
Ruling
Case filed less than 72 hours before a hearing to enforce divorce decree equalization payment dismissed with prejudice and a two-year filing bar as it was an attempt to use bankruptcy as a litigation tactic to avoid debt. (Bankr. N.D. Ind.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on March 24, 2025 , LexisNexis #0525-096
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In re Johnson

Oct
19
2012
Ruling
Objection to confirmation denied as son who was totally financially dependent upon debtor was properly included in household.
Procedural posture

A bankruptcy debtor calculated projected disposable income for distribution to creditors under the debtor's plan based on a household size of two which included the debtor's adult son. The bankruptcy trustee objected to confirmation of the debtor's plan.

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Consumer opinion summary, case decided on October 19, 2012 , LexisNexis #1212-068
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In re Cabell

Jun
10
2011
Ruling
Motor vehicle used primarily for business purpose and acquired within one year of petition date was not subject to "hanging paragraph."
Procedural posture

Debtor's chapter 13 case was before the court on the initial objection to confirmation filed by a creditor and on the creditor's amended objection to confirmation.

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Consumer opinion summary, case decided on June 10, 2011 , LexisNexis #0811-032
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In re Khaja

Jun
09
2010
Ruling
Bankruptcy court abstained from hearing domestic relations action in which state law issues predominated.
Procedural posture

After claimant, a party to a domestic relations matter with debtor that was pending in a state superior court following remand from a state appellate court, filed a claim against debtor in his bankruptcy proceeding, debtor objected thereto. The court then considered sua sponte whether discretionary abstention pursuant to 28 U.S.C.S. § 1334(c)(1) was appropriate.

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Consumer opinion summary, case decided on June 09, 2010 , LexisNexis #0810-102
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In re Magallanes

May
13
2010
Ruling
Objection to plan sustained due to proposal to modify the terms of first mortgage lien secured only by debtor's principal residence.
Procedural posture

Debtor's chapter 13 case was before the court on an objection filed by a creditor to the confirmation of debtor's chapter 13 Plan. The objection asserted that the Plan violated 11 U.S.C.S. § 1322 in that it proposed to modify the terms of its first mortgage lien secured only by debtor's principal residence.

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Consumer opinion summary, case decided on May 13, 2010 , LexisNexis #0710-059
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Sroge v. Sloan (In re Sroge)

May
06
2010
Ruling
Creditor violated stay by obtaining warrant for debtor's arrest.
Procedural posture

Chapter 13 debtor brought an adversary complaint against defendant creditor pursuant to 11 U.S.C.S. § 362(k) for an alleged violation of the automatic stay, in violation of 11 U.S.C.S. § 362(a).

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Consumer opinion summary, case decided on May 06, 2010 , LexisNexis #0710-005
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In re Childress

Feb
11
2010
Ruling
Stay pending appeal granted on condition that debtor make payments to protect bank's interests.
Procedural posture

Debtor filed a petition under chapter 13, and a bank filed a motion for an order terminating the automatic stay and a motion for an order dismissing the debtor's case and enjoining the debtor from filing another case for 180 days. The court dismissed the debtor's case for cause, pursuant to 11 U.S.C.S. § 1307(c), the debtor filed a motion for an order staying the court's order pending appeal.

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Consumer opinion summary, case decided on February 11, 2010 , LexisNexis #0410-061
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In re Maxfield

Feb
19
2009
Ruling
Chapter 13 debtor's pospetition tax delinquency was not per se cause for dismissal.
Procedural posture

The United States, acting on behalf of the I.R.S., moved to dismiss the debtor's chapter 13 case for cause pursuant to former 11 U.S.C.S. § 1307(c) (amended 2005) based on the debtor's failure to pay postpetition federal income taxes for three tax years. The bankruptcy court held a hearing on the motion.

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Consumer opinion summary, case decided on February 19, 2009 , LexisNexis #0409-034
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In re Scott

Jul
28
2008
Ruling
Clerk did not have discretion regarding automatic dismissal of case upon debtor's failure to timely file statements and schedules.
Procedural posture

The debtors filed for relief under chapter 13 of the Bankruptcy Code. The petition was dismissed because of the debtors' failure to file the documents required by 11 U.S.C.S. § 521(a)(1). The debtors filed a motion to reinstate the chapter 13 petition.

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Consumer opinion summary, case decided on July 28, 2008 , LexisNexis #0808-074
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