- 11 U.S.C.
In re Justice
Apr
15
2009
Ruling
Case ordered reconverted to chapter 13 or dismissed for abuse due to income levels.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Butler
Mar
17
2009
Ruling
Confirmation denied due to failure to feasibly provide for proper adequate protection payments.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Bettys Homes Inc. v. Cooper Homes Inc. (In re Bettys Homes Inc.)
Sep
03
2008
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Babin v. Hamilton (In re Hamilton)
Mar
13
2008
Ruling
Debtor could file chapter 13 case four years after discharge in converted chapter 7 case.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Coleman
Feb
26
2008
Ruling
Debtors could not take deduction on a vehicle intended for surrender.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Davis
Feb
26
2008
Ruling
Debtor could claim deduction for operating expenses debtor was paying on vehicle debtor did not own.
Procedural posture
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.
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Court
:
- 11 U.S.C.
McMahon v. Politte (In re Politte)
Dec
20
2007
Ruling
Debtor's division of funds owed to creditor to personal use resulted in nondischargeable debt.
Procedural posture
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.
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Court
:
In re Moore
Oct
05
2007
Ruling
Creditor not entitled to relief from stay to exercise alleged right of setoff against debtor spouse's savings account.
Procedural posture
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.
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Court
:
- 11 U.S.C.
In re Byrne
Sep
24
2007
Ruling
Trustee could proceed with bad faith dismissal regardless of earlier determination that there was no presumption of abuse.
Procedural posture
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).
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Court
:
- 11 U.S.C.
In re Connors
Aug
03
2007
Ruling
Debtor could not cure mortgage default after foreclosure sale and before delivery of deed.
Procedural posture
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.
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