Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Judge Kelley

In re Nelson

In this adversary proceeding, the court was asked to determine that student loans of plaintiff debtor wife should be discharged as an undue hardship under 11 U.S.C.S. § 523(a)(8). Defendant was the creditor.
Ruling: 
Undue hardship discharge of student loan debt denied where age was not a determinative factor and debtor could find job in a field other than chosen profession of teaching.
ABI Membership is required to access the full summary of In re Nelson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 30,2009, LexisNexis #0709-086

In re Dionne

Debtors proposed to surrender a vehicle to their secured creditor but deducted the monthly car payment in computing their projected disposable income under 11 U.S.C.S. § 1325(b)(2). The Trustee objected to confirmation of their plan, asserting that the debtors had not dedicated all of their projected disposable income to unsecured creditors as required by 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Debtors could deduct payments contractually due on petition date secured by vehicle intended for surrender.
ABI Membership is required to access the full summary of In re Dionne. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 15,2009, LexisNexis #0609-022

In re Thongta

A debtor filed for relief under chapter 13 and a non-filing spouse did not join in the petition. A plan was confirmed. The debtor sought sanctions against an insurance company for alleged violations of 11 U.S.C.S. §§ 362 and 1301 when it filed a small claims action against the non-filing spouse.
Ruling: 
Insurance company violated stay by docketing judgment against non-debtor spouse and creating lien against property of the estate.
ABI Membership is required to access the full summary of In re Thongta. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 24,2009, LexisNexis #0509-107

In re Van Beckum

The chapter 13 debtors objected to the proofs of secured claim filed by the county for delinquent property taxes and penalties and by the sanitary district for sewer and water charges.
Ruling: 
Property tax claim disallowed as in excess of value of real property.
ABI Membership is required to access the full summary of In re Van Beckum. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 15,2009, LexisNexis #0309-007

In re Mravik

The trustee, asked the court to dismiss debtor's chapter 7 petition for abuse under 11 U.S.C.S. § 707(b)(1), 707(b)(2), or 707(b)(3). At issue was whether debtor's ongoing contribution to a so-called "I.R.C. § 457" pension plan sponsored by her public employer constituted "abuse" authorizing dismissal of her petition.
Ruling: 
Debtor's ongoing contribution to 457 pension plan did not require dismissal for abuse.
ABI Membership is required to access the full summary of In re Mravik. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 31,2008, LexisNexis #0209-080

In re Crawford

A creditor objected, pursuant to 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5), to confirmation of a debtor's chapter 13 bankruptcy plan on the ground that it proposed to strip down the secured claim to the value of the car purchased by the debtor.
Ruling: 
Percentage of claim representing purchase money security interest in "910 vehicle" exclusive of negative equity was protected from modification by hanging paragraph.
ABI Membership is required to access the full summary of In re Crawford. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 28,2008, LexisNexis #0209-128

In re Schley

Debtors, a married couple, proposed a chapter 13 plan under which they had adjusted their projected disposal income to reflect the fact that the wife was a school system employee who received a salary for only nine months of the year. The chapter 13 trustee objected to confirmation on that basis. At issue was the facts constituted "special circumstances" for purposes of 11 U.S.C.S. § 707(b)(2)(B).
Ruling: 
Debtor spouse's seasonal employment as teacher did not qualify as "special circumstances" or justify adjustment to projected disposable income calculation.
ABI Membership is required to access the full summary of In re Schley. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 22,2008, LexisNexis #0908-086

In re Cruz

The chapter 13 trustee objected to confirmation on the ground that the debtors' plan failed to devote all projected disposable income over the applicable commitment period as required by 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Bonus received within six months prior to petition date had to be included in calculation of current monthly income.
ABI Membership is required to access the full summary of In re Cruz. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 11,2008, LexisNexis #1108-036

In re Wieinhold

After debtors obtained a discharge in a chapter 7 case, they moved to enforce the discharge injunction under 11 U.S.C.S. § 524(a) and sought sanctions against a neighbor who had filed a state court suit against them for nuisance and related torts as well as a company to which the neighbor had transferred an interest therein. At issue was whether the renewed prosecution of the state court case against debtors violated the injunction.
Ruling: 
Only trepass claim in property dispute could be pursued against debtor post-discharge.
ABI Membership is required to access the full summary of In re Wieinhold. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 01,2008, LexisNexis #0908-100

In re Luedtke

The debtor had secured automobile loan from creditor, a credit union. As the completion of her chapter 13 plan neared, she alleged that the creditor had falsely reported her loan account as being delinquent in the pre-confirmation amount of the debt, and the debtor moved to require the creditor to accurately reflect her postpetition plan payments as current on the credit report, and for sanctions pursuant to 11 U.S.C.S. § 105.
Ruling: 
Creditor ordered to remove negative report to credit agency or face sanctions.
ABI Membership is required to access the full summary of In re Luedtke. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 31,2008, LexisNexis #0808-131

Pages

Subscribe to Judge Kelley