In re Dunlap
Jan
31
2008
Ruling
Vehicle loan including negative equity qualified as a purchase money security interest under state law so that hanging paragraph applied to prevent cram down.
Procedural posture
The chapter 13 debtor proposed a plan invoking cram down of the creditor's secured claim on their motor vehicle at the asserted fair market value as of the petition date, of $ 27,887.50, plus an unsecured claim for the balance. The creditor asserted that its purchase money security interest (PMSI) for the entire balance of $ 44,217.70 which included the negative equity on the debtors' trade in that had been rolled into the loan.
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Court
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Swanson v. Green (In re Green)
Dec
21
2007
Ruling
Discharge denied due to debtors'failure to schedule notable assets.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Luckett
Oct
24
2007
Ruling
Plan proposing "adequate protection payments" followed by a balloon payment could not be confirmed.
Procedural posture
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.
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Court
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In re Reed
Oct
01
2007
Ruling
Claim for additional attorneys'fees in debtor's prior chapter 13 case should have been filed in that earlier case prior to discharge.
Procedural posture
The former attorney for chapter 13 debtors sought payment of additional compensation for services rendered in connection with a previous chapter 13 case of the debtors, in which the debtors were granted a discharge. The U.S. Trustee filed a motion for a determination of the reasonable value of the attorney's services pursuant to Fed. R. Bankr. P. 2017 and 11 U.S.C. § 329.
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Court
:
- 11 U.S.C.
Emerging Vision Inc. v. Sundstrom (In re Sundstrom)
Aug
30
2007
Ruling
Proceeding for denial of discharge dismissed absent evidence of debtor's intent to hinder, delay or defraud in transfer of sole proprietorship to new entity.
Procedural posture
Plaintiff creditor sought denial of chapter 7 debtors'discharge under 11 U.S.C. § 727(a)(2)(A).
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Court
:
- 11 U.S.C.
In re Kirsch
Aug
13
2007
Ruling
Confirmation denied due to failure to address issue of tax redunds.
Procedural posture
The trustee objected to the confirmation of the debtor's plan, arguing that, by failing to address the issue of the debtor's tax refunds, the plan violated the requirement of 11 U.S.C. § 1325(b)(1)(B) that the plan devote all of the debtor's projected disposable income to be received in the applicable commitment period to payment of unsecured creditors.
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Court
:
- 11 U.S.C.
In re Gehrke
Aug
09
2007
Ruling
Deduction of ownership expense for payments on "luxury" motorcycle not indicative of bad faith.
Procedural posture
Before the court for confirmation was debtors'Second Amended Plan, and the trustee's Objection thereto, challenging the deduction of ownership expense on Line 29 of Form B22C for a vehicle that was not secured by a lien, the expense deduction for taxes on Line 30 of Form B22C, and the deduction of secured debt on Line 47 of Form B22C for a motorcycle that was allegedly a luxury item.
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Court
:
- 11 U.S.C.
In re Averhart
Jul
12
2007
Ruling
Plan rate of interest, not Till rate, applied where creditor's priority claims would be paid in full and creditor did not timely object.
Procedural posture
The debtor filed for relief under chapter 13. The creditor, which held a security interest in the debtor's car, filed a proof of claim, and the debtor filed an objection to the creditor's proof of claim. The debtor claimed that pursuant to 11 U.S.C. § 1327, the creditor's claim was limited to the amount confirmed in the plan.
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Court
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In re Smith
May
29
2007
Ruling
Creditor that failed to object to bifurcation of claim prior to confirmation was bound by plan.
Procedural posture
After plan confirmation, the chapter 13 debtor objected to a secured creditor's proof of claim.
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Court
:
- 11 U.S.C.
In re Perry
May
22
2007
Ruling
Landlord not entitled to administrative expense claim for postpetition rent arrears.
Procedural posture
A debtor objected to a creditor's proof of claim for rent as not entitled to priority and as overstated.
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Court
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