- 11 U.S.C.
In re Brandenburg
May
15
2007
Ruling
Presumption of abuse arose after adjustment of disposable income calculation to eliminate improper deduction.
Procedural posture
The debtor filed for relief under chapter 7. The U.S. Trustee filed a motion to dismiss the debtor's case for abuse, based on the presumption of abuse arising under 11 U.S.C. § 707(b)(2) or alternatively under the totality of the circumstances under 11 U.S.C. § 707(b)(3).
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Court
:
- 11 U.S.C.
Grice v. We Energies
Apr
17
2007
Ruling
Chapter 13 debtor was not eligible for discharge where less than four years had elapsed since discharge in converted chapter 7 case.
Procedural posture
Defendant trustee filed a motion for judgment on the pleadings declaring that plaintiff debtor was not entitled to a discharge in her chapter 13 case, pursuant to 11 U.S.C. § 1328(f)(1).
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Court
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In re Westenberg
Mar
30
2007
Ruling
Debtor who completed all plan payments was entitled to discharge despite failure to fully satisfy several secured claims.
Procedural posture
Chapter 13 trustee filed a motion to dismiss debtors'case, claiming that debtors were not entitled to a discharge because certain secured claims had not been fully satisfied at the end of the confirmed plan's term. Debtors objected to the motion.
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Court
:
- 11 U.S.C.
In re Sawdy
Feb
20
2007
Ruling
Above-median debtors were entitled to flat vehicle ownership deduction regardless of whether or not subject to lien or lease agreement.
Procedural posture
Chapter 13 trustee objected to debtors'chapter 13 plan on the grounds that it did not devote all of debtors'projected disposable income to the plan as required by 11 U.S.C. § 1325(a)(3) and (b)(1)(B).
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:
In re Gilbertson
Feb
04
2007
Ruling
Bankruptcy court erred in reducing fee claimed by trustee's attorney pursuant to approved contingency fee agreement.
Procedural posture
Appellant collection attorney sought review of an order of the bankruptcy court, which reduced the fees owed him by the bankruptcy trustee under his one-third contingency fee arrangement with the trustee, which the bankruptcy court had previously approved, for his efforts in recovering $10,000 of the $12,500 that the debtor had fraudulently transferred to a Wisconsin lawyer.
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Court
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In re Nockerts
Dec
14
2006
Ruling
Mortgage payments on property to be surrendered were "scheduled as contractually due" and could be deducted from debtors'current monthly income.
Procedural posture
The U.S. Trustee filed a motion to dismiss chapter 7 debtors'case based on a presumption of abuse under 11 U.S.C. § 707(b)(2) or as an abuse under section 707(b)(3).
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Court
:
- 11 U.S.C.
In re Grunert
Nov
20
2006
Ruling
Car payments are not a prerequisite for the ownership deduction.
Procedural posture
Chapter 13 debtors were above-median debtors who owned two vehicles that had no liens or lease obligations on them. On Form B22C, debtors deducted $471 and $332, respectively, for the Local Standards: transportation ownership/lease expense for their vehicles. A creditor filed an objection to confirmation of debtors'plan, arguing debtors were not allowed to take an ownership/lease expense deduction on any vehicle that was owned free and clear.
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Court
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In re Turkowitch
Nov
16
2006
Ruling
Surrender of vehicles satisfied secured claims in full, including deficiency balance.
Procedural posture
Chapter 13 bankruptcy debtors proposed plans which provided for the surrender of vehicles to creditors secured by the vehicles in full satisfaction of their debts to the creditors under 11 U.S.C. § 1325(a). The creditors objected to confirmation of the debtors'plans on the ground that the hanging paragraph at the end of section 1325(a) did not preclude allowance of unsecured claims for deficiency balances.
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Court
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Case v. Wells Fargo Bank (In re Case)
Oct
31
2006
Ruling
Reconsideration was proper procedure for debtors to contest "interest on interest" chapter 13 plan payments.
Procedural posture
In a consolidated action, plaintiffs, chapter 13 debtor-mortgagors, asserted that their respective defendant creditors were paid "interest on interest" through their respective chapter 13 plans in violation of 11 U.S.C. § 1322(e). All adversary complaints were met with motions to dismiss filed by all creditors.
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Court
:
- 11 U.S.C.
Maxwell v. Michigan Fid. Acceptance Corp. (In re Maestas)
Oct
31
2006
Ruling
Adversary proceeding to recover money judgement was not barred by res judicata where trustee had successfully pursued avoidance proceeding.
Procedural posture
In a prior adversary proceeding, plaintiff chapter 7 trustee obtained a default judgment against defendant creditor that avoided a refinanced mortgage a preferential transfer. The trustee filed the instant adversary proceeding to recover against the creditor a money judgment, pursuant to 11 U.S.C. § 550, equal to the value of the avoided transfer. The creditor filed a motion to dismiss or, in the alternative, for judgment on the pleadings.
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