Southern District

In re Smith

Debtors filed a petition under chapter 7, and asked the court for permission to reaffirm a debt on a vehicle. The court denied a reaffirmation agreement the debtors filed with the court because the debtors'attorney had not completed Part C of the agreement. The debtors'counsel informed the court that she would not complete Part C, and the court issued an opinion on whether that action was required.
Ruling: 
Debtor's attorney acted properly in refusing to complete protion of reaffirmation agreement certifying that the agreement was in debtor's best interests.
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Consumer case opionion summary, case decided on July 18,2007, LexisNexis #1007-048

In re Perez

The debtor filed for relief under chapter 13 and filed a proposed chapter 13 plan. The creditor bank sought to terminate the automatic stay and filed an objection to the confirmation of the chapter 13 plan. The court conducted a hearing and issued findings and conclusions.
Ruling: 
Debtor who co-executed mortgage securing note owed by solely former husband could pay obligation through chapter 13 plan.
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In re Delbecq

Debtor represented on the face of Official Form B22A that the "presumption of abuse" had arisen in her case because, according to the means test, she had disposable income of approximately $306 per month. Based on that representation, the U.S. Trustee filed a Motion to Dismiss pursuant to 11 U.S.C. § 707(b).
Ruling: 
Debtor's student loan payments constituted "special circumstances" rebutting presumption of abuse.
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Gargula v. Thompson (In re Thompson)

The bankruptcy judge struck appellees', debtors, chapter 13 bankrputcy petition because debtors failed to allege in the petition that they had received credit counseling within 180 days of the filing as required by the Bankruptcy Act, 11 U.S.C. § 109(h)(1). Appellant United States Trustee moved the bankrputcy court to reconsider, but the bankruptcy court denied the motion to reconsider, and the trustee appealed.
Ruling: 
Bankruptcy court properly struck chapter 13 petition which failed to allege that debtors had reecived timely credit counseling.
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In re Parsons

The debtors filed for relief under chapter 13, and the matter was converted to a proceeding under chapter 7. The chapter 7 trustee filed a motion for turnover to the estate the value of the funds that the debtors had in a bank account at the time that the chapter 13 proceeding was filed.
Ruling: 
Post-petition earnings remaining in debtors'possession or control on conversion date were estate property subject to lowest intermediate balance rule.
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In re Thompson

In a previous order, the court struck the debtors' petition for failure to comply with 11 U.S.C. § 109(h)(1). The trustee moved for reconsideration of the court's order, arguing for dismissal of the case rather than the striking of the petition.
Ruling: 
Court upheld its ruling that petition was to be struck rather than case being dismissed for failure to meet credit counseling requirement.
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In re Afolabi

Debtor filed a chapter 13 bankruptcy petition. The issue before the bankruptcy court was whether the debtor had complied with the requirements of 11 U.S.C. § 109(h).
Ruling: 
Debtor's case was dismissed due to failure to satisfy credit counseling requirement.
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Paul Harris Stores Inc. v. Expeditors Intl Of Washington Inc. (In re Paul Harris Stores Inc.)

Plaintiff's, chapter 11 debtors, filed an adversary proceeding against defendant creditor seeking to recover alleged preferential transfers. The creditor was a non-vessel operating common carrier, customs broker, freight forwarder, and freight consolidator, which assisted the debtors in importing certain goods. The creditor filed a motion for partial summary judgment.
Ruling: 
Creditor was granted summary judgment since creditor was fully secured at time the payments were made and, thus, debtor could not show one of elements needed to avoid the payments.
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In re Walton

Respondent creditor objected to the confirmation of petitioner debtor's chapter 13 plan on the ground that it contained an illegal plan provision seeking to discharge her student loans.
Ruling: 
Court struck illegal plan provision that attempted to pay down student loan debt principal first then the remainder second and directed deb tor to submit a plan without such provision.
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