Judge Barry

In re Justice

The movant, a creditor, sought dismissal of the debtor's case. The matter was remanded from the district court for the District of Arkansas. The district court ruled that the bankruptcy court was required, when faced with an unrebutted presumption of abuse in the debtor's means test; to dismiss his petition or convert it back to a chapter 13.
Ruling: 
Case ordered reconverted to chapter 13 or dismissed for abuse due to income levels.
ABI Membership is required to access the full summary of In re Justice. 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 15,2009, LexisNexis #0709-018

In re Butler

The chapter 13 debtor's motor vehicle lien holding creditor filed an objection to the confirmation of the debtors' plan as proposed. The gravamen of the creditor's objection was that, upon confirmation, the payments to the creditor would cease for approximately seven months while the trustee was paying the administrative costs and attorney fees under the plan, and so the plan did not comply with 11 U.S.C.S. § 1326.
Ruling: 
Confirmation denied due to failure to feasibly provide for proper adequate protection payments.
ABI Membership is required to access the full summary of In re Butler. 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 March 17,2009, LexisNexis #0609-095

Bettys Homes Inc. v. Cooper Homes Inc. (In re Bettys Homes Inc.)

Debtor home builder filed a complaint against creditor material supplier to avoid as a preferential transfer under 11 U.S.C.S. § 547 a payment by cashier's check from a bank to the creditor within the 90 days prior to the debtor filing its voluntary chapter 11 bankruptcy petition.
Ruling: 
Transfer to material supplier within preference period in order to prevent filing of mechanic's lien was not preferential where not shown that supplier received more it would have received in chapter 7 case.
ABI Membership is required to access the full summary of Bettys Homes Inc. v. Cooper Homes Inc. (In re Bettys Homes Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 03,2008, LexisNexis #1108-046

Babin v. Hamilton (In re Hamilton)

Defendant debtor filed for relief under chapter 13 of the Bankruptcy Code. Plaintiff, a chapter 13 trustee, filed a complaint objecting to discharge. The debtor did not answer the complaint and the trustee filed a motion for default judgment.
Ruling: 
Debtor could file chapter 13 case four years after discharge in converted chapter 7 case.
ABI Membership is required to access the full summary of Babin v. Hamilton (In re Hamilton). 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 March 13,2008, LexisNexis #0508-090

In re Davis

The debtor moved for confirmation of her proposed chapter 13 plan. The chapter 13 Trustee objected to confirmation, arguing that the debtor was not entitled to claim the ownership expense for a vehicle that she owned free and clear of liens and made no "ownership" payment on the vehicle. The trustee also asserted that the debtor was not entitled to claim the operating expense for two vehicles because the debtor only owned one vehicle.
Ruling: 
Debtor could claim deduction for operating expenses debtor was paying on vehicle debtor did not own.
ABI Membership is required to access the full summary of In re Davis. 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 February 26,2008, LexisNexis #0308-123

In re Coleman

In debtors' chapter 13 Form B22C calculation, they included installment payments on a vehicle they proposed to surrender in their chapter 13 plan, and the trustee filed an objection.
Ruling: 
Debtors could not take deduction on a vehicle intended for surrender.
ABI Membership is required to access the full summary of In re Coleman. 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 February 26,2008, LexisNexis #0308-126

McMahon v. Politte (In re Politte)

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a judgment that a debt the debtors owed was nondischargeable under 11 U.S.C. § 523(a)(4) and (a)(6). The creditor amended his petition to add a corporation he owned as a plaintiff. The debtors denied that they were liable under any provision of section 523, and the case was tried to the court.
Ruling: 
Debtor's division of funds owed to creditor to personal use resulted in nondischargeable debt.
ABI Membership is required to access the full summary of McMahon v. Politte (In re Politte). 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 20,2007, LexisNexis #0208-023

In re Moore

Movant creditor, a credit union, sought relief from stay per 11 U.S.C. § 362 or dismissal relative to a voluntary chapter 13 case filed by debtors, a married couple. Specifically at issue was whether the creditor was entitled to relief from stay to exercise an alleged right of setoff per 11 U.S.C. § 553(a) against debtor wife's separate savings account, by which to recoup liabilities arising by reason of debtors' joint checking account.
Ruling: 
Creditor not entitled to relief from stay to exercise alleged right of setoff against debtor spouse's savings account.
ABI Membership is required to access the full summary of In re Moore. 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 05,2007, LexisNexis #1207-012

In re Byrne

Movant, the U.S. Trustee ("UST"), sought dismissal of debtor's case per 11 U.S.C. § 707(b)(3). The motion was opposed by creditor, a bank, and by debtor. At issue was whether the UST was required to file a statement within 10 days of the first meeting of creditors stating whether the case was presumed to be an abuse under section 707(b), as required by 11 U.S.C. § 704(b)(1), prior to filing a motion to dismiss the case under 11 U.S.C. § 707(b)(3).
Ruling: 
Trustee could proceed with bad faith dismissal regardless of earlier determination that there was no presumption of abuse.
ABI Membership is required to access the full summary of In re Byrne. 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 September 24,2007, LexisNexis #1007-122

In re Connors

Appellant, a chapter 13 debtor, sought review of a decision from the District Court for the District of New Jersey, which held that the debtor did not have a right under 11 U.S.C. § 1322(c)(1) to cure a default on a mortgage secured by the debtor's principal residence between the time the residence was sold at a foreclosure sale and the time the deed was delivered.
Ruling: 
Debtor could not cure mortgage default after foreclosure sale and before delivery of deed.
ABI Membership is required to access the full summary of In re Connors. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Judge Barry