In re Crawford
Oct
28
2008
Ruling
Percentage of claim representing purchase money security interest in "910 vehicle" exclusive of negative equity was protected from modification by hanging paragraph.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Hilton
Oct
15
2008
Ruling
Plan confirmed over trustee's objection where debtor's income dropped at time of filing and strict historical interpretation of "projected disposable income" would yield inequitable result.
Procedural posture
The debtors filed a chapter 13 petition at a time when both debtors were employed and were members of an above-median income household. Debtor husband The trustee opposed confirmation, arguing the plan does not provide for the required distribution to unsecured creditors under the means test, which was $ 69,362.40 based on the debtors' "projected disposable income".
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Court
:
- 11 U.S.C.
Baylake Bank v. TCGC LLC
Oct
01
2008
Ruling
Village's interest in restrictive covenant was not avoidable.
Procedural posture
Defendant debtor and plaintiff bank, mortgage-holder on property owned by debtor, brought a proceeding against movant village, seeking a determination that certain restrictive covenants on the property were either void on their face, preempted by federal law, or subject to avoidance, and an order directing sale of the property free and clear of such restrictions to a Tribe. Pending were cross-motions for summary judgment by the bank and village.
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Court
:
- 28 U.S.C.
Estate of Smith v. Columbia Prop. Group
Sep
22
2008
Ruling
Discretionary abstention appropriate for medical malpractice case in which a co-defendant had filed for bankruptcy.
Procedural posture
Plaintiff estate filed the instant wrongful death, medical malpractice action in a state court. One of the defendants removed the action to federal court. The matter was before the court upon the estate's motion for abstention and remand.
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Court
:
- 11 U.S.C.
In re Schley
Aug
22
2008
Ruling
Debtor spouse's seasonal employment as teacher did not qualify as "special circumstances" or justify adjustment to projected disposable income calculation.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Michalek
Aug
19
2008
Ruling
Breach of postpetition vehicle lease that conferred benefit on the estate could give rise to administrative expense claim.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code. A creditor filed a motion for allowance of an administrative expense claim for the amount of $ 6,091 for a post-petition breach of a vehicle lease agreement, pursuant to 11 U.S.C.S. § 503(b)(1)(A), the trustee objected to the motion.
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Court
:
- 11 U.S.C.
In re Cruz
Aug
11
2008
Ruling
Bonus received within six months prior to petition date had to be included in calculation of current monthly income.
Procedural posture
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).
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Court
:
In re Wieinhold
Aug
01
2008
Ruling
Only trepass claim in property dispute could be pursued against debtor post-discharge.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Luedtke
Jul
31
2008
Ruling
Creditor ordered to remove negative report to credit agency or face sanctions.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Reinstein
Jul
28
2008
Ruling
Debtor entitled to claim expense deductions in amounts specified under IRS local standards without reduction to amount of actual expenses.
Procedural posture
In a chapter 13 proceeding, a creditor objected to confirmation of a debtor's plan, asserting that the debtor improperly calculated both her housing and transportation expenses under 11 U.S.C.S. § 707(b) and therefore failed to apply all of her disposable income under 11 U.S.C.S. § 1325(b)(3).
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Court
: