- 11 U.S.C.
In re Thongta
Mar
24
2009
Ruling
Insurance company violated stay by docketing judgment against non-debtor spouse and creating lien against property of the estate.
Procedural posture
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.
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
Court
:
- 11 U.S.C.
In re Delp
Feb
09
2009
Ruling
Confirmation of amended plan denied due to unwarranted deduction in proposed payments.
Procedural posture
The debtors filed a chapter 13 petition. After the debtors filed their first and second amended plans, the trustee objected pursuant to 11 U.S.C.S. § 1325(a)(3) on the grounds that the debtors reduced their plan payments by $ 472 per month without providing any supporting documentation or explanation. The bankruptcy court held a hearing on the trustee's objection.
ABI Membership is required to access the full summary of In re Delp Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Bermann
Jan
16
2009
Ruling
Chapter 13 debtor could deduct projected taxes and insurance costs even though not required as an escrow payment.
Procedural posture
A debtor filed for relief under chapter 13, and filed an amended plan. A chapter 13 trustee objected to confirmation of the debtor's amended plan, pursuant to 11 U.S.C.S. § 1325(b)(1).
ABI Membership is required to access the full summary of In re Bermann Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Van Beckum
Jan
15
2009
Ruling
Property tax claim disallowed as in excess of value of real property.
Procedural posture
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.
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
Court
:
- 11 U.S.C.
In re Larsen
Jan
09
2009
Ruling
Case dismissed where incarcerated debtor did not request prepetition briefing from credit counselor or cite exigent circumstances for exemption.
Procedural posture
A chapter 7 debtor filed a motion for an exemption from the credit counseling requirement under 11 U.S.C.S. § 109(h)(4).
ABI Membership is required to access the full summary of In re Larsen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Neary v. Leech (In re Leech)
Jan
08
2009
Ruling
Discharge denied due to debtor's omission of jewelry from schedules.
Procedural posture
United States trustee filed an action against defendant debtor to deny a discharge to the debtor pursuant to 11 U.S.C.S. §§ 727(a)(2) and (4) of the United States Bankruptcy Code. The trustee also objected to certain objections claimed by the debtor.
ABI Membership is required to access the full summary of Neary v. Leech (In re Leech) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Mravik
Dec
31
2008
Ruling
Debtor's ongoing contribution to 457 pension plan did not require dismissal for abuse.
Procedural posture
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.
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
Court
:
Ruhl v. HSBC Mortg. Servs.
Dec
23
2008
Ruling
Debtors could not contest interest on mortgage arrears that they themselves proposed to pay in their confirmed plans.
Procedural posture
Appellant chapter 13 debtors challenged decisions of the bankruptcy court for the Eastern District of Wisconsin, which granted appellee lenders'motions to dismiss the debtors'adversary proceedings on the grounds that their claims were barred by the principle of finality embodied in 11 U.S.C.S. § 1327(a). The cases were consolidated on appeal.
ABI Membership is required to access the full summary of Ruhl v. HSBC Mortg. Servs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Swanson v. M&I Marshall (In re Vission Inc.)
Dec
10
2008
Ruling
Lien that was perfected during preference period could be avoided.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff filed an action against defendant, a limited liability company (LLC) to avoid a lien given to the LLC, pursuant to 11 U.S.C.S. §§ 544 and 547, asserting that the transfer was preferential. The court issued findings and facts and conclusions of law. The trustee sought judgment on the pleadings.
ABI Membership is required to access the full summary of Swanson v. M&I Marshall (In re Vission Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Patton
Nov
19
2008
Ruling
Plan could require mortgage creditors to apply payments as if prepetition default had not occurred.
Procedural posture
Chapter 13 debtors filed plans containing language objectionable to secured creditors, all of whom were home lenders. The plans' proposed language provided that the payments would be applied to the debtors' mortgage accounts as if the accounts were current and no prepetition defaults existed on the petition dates, and the creditors argued that those provisions impermissibly modified their secured liens in violation of 11 U.S.C.S. § 1322(b)(2).
ABI Membership is required to access the full summary of In re Patton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: