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

Judge Kelley

In re Cannon

A debtor filed a motion, pursuant to 11 U.S.C.S. § 366(b), for a modification of the deposit requested by a creditor for continued utility service.
Ruling: 
Creditor could not require deposit for continuation of utility service where not required under state law.
ABI Membership is required to access the full summary of In re Cannon. 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 June 23,2008, LexisNexis #0708-113

Sensient Techs. Corp. v. Baiocchi (In re Baiocchi)

Defendant debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff former employer sought recovery of educational expenses incurred by the employer when the employee (debtor) participated in a tuition reimbursement program with the employer and sought to have the expenses declared nondischargeable under 11 U.S.C.S. § 523(a)(8). The parties filed cross- motions for summary judgment.
Ruling: 
Obligation to repay tuition reimbursement to former employer was nondischargeable.
ABI Membership is required to access the full summary of Sensient Techs. Corp. v. Baiocchi (In re Baiocchi). 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 June 04,2008, LexisNexis #0708-077

In re Spraggins

The bankruptcy court previously overruled the chapter 13 trustee's objection to confirmation of the debtor's proposed plan and confirmed the plan. The Trustee appealed, and in his motion to stay pending appeal, noted that the court's opinion conflicted with the district court's decision in In re Navejer. The bankruptcy court issued a supplemental opinion to provide the its rationale for its holding.
Ruling: 
Decision that below median debtor did not need to dedicate tax refunds to plan distinguished from seemingly conflicting precedent.
ABI Membership is required to access the full summary of In re Spraggins. 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 May 14,2008, LexisNexis #0608-130

Mann v. Smith (In re Smith)

Defendant debtors filed for relief under chapter 7 of the Bankruptcy Code, and in an earlier proceeding, the court granted plaintiff trustee's motion for a default judgment and entered an order denying the debtors' discharge under 11 U.S.C.S. § 727(a)(2). The debtors filed a letter with the court that the court construed as a motion to vacate the order denying discharge.
Ruling: 
Denial of discharge for failure to appear at hearing on default motion vacated based on excusable neglect.
ABI Membership is required to access the full summary of Mann v. Smith (In re Smith). 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 May 14,2008, LexisNexis #0608-119

In re Ford

A bankruptcy debtor proposed a plan which bifurcated a claim of a creditor secured by a motor vehicle into secured and unsecured claims and pay only the secured portion in full. The creditor objected to the debtor's plan on the ground that 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5) precluded such bifurcation.
Ruling: 
Vehicle loan could be bifurcated as vehicle purchased by debtor for fiancee was not for personal use.
ABI Membership is required to access the full summary of In re Ford. 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 29,2008, LexisNexis #0608-127

In re Spraggins

A debtor filed for relief under chapter 13, and submitted a proposed plan. A trustee objected to the plan, contending that the debtor needed to dedicate 100% of her tax refunds for 36 months or that the debtor could propose a plan for 60 months with contributions of 50% of the tax refunds.
Ruling: 
Plan of below median debtor proposing to dedicate 50% of tax refunds for three years could be confirmed.
ABI Membership is required to access the full summary of In re Spraggins. 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 11,2008, LexisNexis #0508-126

In re Spraggins

A debtor filed for relief under chapter 13 of the Bankruptcy Code, and submitted a proposed plan. A trustee objected to the plan, contending that the debtor needed to dedicate 100% of her tax refunds for 36 months or that the debtor could propose a plan for 60 months with contributions of 50% of the tax refunds.
Ruling: 
Below-median debtor was not required to devote 100% of tax refunds for three years of proposed plan.
ABI Membership is required to access the full summary of In re Spraggins. 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 11,2008, LexisNexis #0508-019

In re Crego

Debtors, a husband and wife, filed a joint petition under chapter 7 of the Bankruptcy Code but converted their case to one under chapter 13 after the United States Trustee moved to dismiss their case as an abuse of the provisions of chapter 7. A chapter 13 trustee was appointed to represent the bankruptcy estate, and he filed an objection to the debtors' chapter 13 plan.
Ruling: 
Debtors could claim expenses of maintaining separate households as "special circumstances."
ABI Membership is required to access the full summary of In re Crego. 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 02,2008, LexisNexis #0408-119

Swanson v. Green (In re Green)

Plaintiff, the chapter 7 trustee, brought an adversary proceeding to deny the debtors a discharge, asserting that the debtors concealed a vast amount of personal property, in the estimated value of $200,000, in the form of collectable memorabilia items, with the intent to hinder, delay or defraud the trustee in violation of 11 U.S.C. § 727(a)(2) and /or made a false oath with respect to the property under 11 U.S.C. § 727(a)(4)(A).
Ruling: 
Discharge denied due to debtors'failure to schedule notable assets.
ABI Membership is required to access the full summary of Swanson v. Green (In re Green). 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 21,2007, LexisNexis #0208-013

In re Luckett

A chapter 13 trustee and a secured creditor filed objections to confirmation of the debtors'plan. The plan proposed to reduce and fix the creditor's interest on its claim, to provide the creditor with adequate protection payments for the life of the plan, and to make a balloon payment to pay the secured creditor in full.
Ruling: 
Plan proposing "adequate protection payments" followed by a balloon payment could not be confirmed.
ABI Membership is required to access the full summary of In re Luckett. 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 24,2007, LexisNexis #1107-122

Pages

Subscribe to Judge Kelley