In re Breeding
May
14
2007
Ruling
Redemption of prepetition certificates of deposit did not generate disposable income.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtors'plan, on the basis that the plan improperly treated two certificates of deposit and improperly proposed to pay a creditor outside the plan.
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Court
:
- 11 U.S.C.
Wooten v. Reding (In re Reding)
May
03
2007
Ruling
Legal fees incurred by debtor's former spouse in connection with support and custody proceedings was nondischargeable.
Procedural posture
Plaintiff former spouse (spouse) filed a complaint pursuant to 11 U.S.C. § 523(a)(5), seeking a determination of the dischargeability of a debt owned by defendant debtor for attorney's fees arising out of litigation of their divorce decree.
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Court
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In re Robert
Apr
02
2007
Ruling
Debtors could modify chapter 13 plan due to substantial reduction in income.
Procedural posture
After bankruptcy debtors' chapter 13 plan was confirmed, the debtors suffered a substantial reduction in income and sought to modify their plan under 11 U.S.C. § 1329 to reduce their payments to unsecured creditors. The bankruptcy trustee objected to the proposed modification of the plan.
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Court
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In re Luton
Mar
08
2007
Ruling
Confirmation denied due to commitment period of less than three years.
Procedural posture
Chapter 13 trustee filed an objection to confirmation of the plan proposed by debtor. The issue was whether the term "applicable commitment period" in 11 U.S.C. § 1325(b) referred to the required duration of a chapter 13 plan, or whether the term was the multiplier used to calculate the minimum amount the debtor must pay to unsecured creditors to obtain a discharge.
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Court
:
- 11 U.S.C.
Fritschen v. Fritschen (In re Fritschen)
Nov
09
2006
Ruling
Debt payable by debtor pursuant to divorce was dischargeable given debtor's financial vulnerability.
Procedural posture
Plaintiff, the debtor's former spouse, filed an adversary proceeding against defendant debtor seeking a determination that a debt designated to be paid by the debtor in the parties'divorce decree was nondischargeable pursuant to 11 U.S.C. § 523(a)(15).
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Court
:
- 11 U.S.C.
Morgan v. Goldman (In re Morgan)
Oct
03
2006
Ruling
Debtors and trustee ordered to repay sum improperly released by trustee for roof repairs and used by debtors'for gambling junkets.
Procedural posture
After a chapter 13 trustee disbursed $10,000 to debtors allegedly to fund a roof repair on their home, the court issued an order to both the trustee and debtors to show cause why they should not be required to reimburse the estate for the entire sum. Debtors were also ordered to file an accounting showing how the funds were actually used.
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Court
:
- 11 U.S.C.
In re Beene
Aug
27
2006
Ruling
Objection to amended chapter 13 plan in converted case sustained due to potential windfall to unsecured creditors if mortgagee's claim were avoided.
Procedural posture
The chapter 13 trustee raised objections to confirmation of the debtors'amended plan, asserting that the plan violated the 11 U.S.C. § 1325(a)(4) best interest of creditors test because unsecured creditors would receive a greater distribution in a chapter 7 liquidation, where debtors'defective mortgage could be avoided.
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Court
:
In re Beene
Aug
18
2006
Ruling
Confirmation denied where unsecured creditors would receive greater distribution in chapter 7.
Procedural posture
Chapter 13 trustee objected to the confirmation of debtors' plan on the grounds that the plan did not comply with 11 U.S.C. § 1325(a).
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Court
:
Daniel v. Boyd (Boyd)
Aug
08
2006
Ruling
Debtor was denied discharge due to debtor's concealment of property interests and inaccurate income data.
Procedural posture
Plaintiffs, creditors, filed a complaint to determine dischargeability and an objection to discharge. The issues were whether: (1) the debtor's discharge should be denied under 11 U.S.C. § 727(a)(2)(A); (2) the debtor's discharge should be denied under 11 U.S.C. § 727(a)(4)(A); and (3) the debt to the creditors was nondischargeable pursuant to 11 U.S.C. § 532 (a)(2)(A).
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Court
:
- 11 U.S.C.
Lee v. Regions Bank & Student Loan Guar. Found. (In re Lee)
Jul
06
2006
Ruling
Debtor's student loans were deemed dischargeable due to undue hardship since debtor's reasonable expenses greatly exceeded her income.
Procedural posture
Before the court was a complaint to determine the dischargeability of a student loan debt that plaintiff debtor owed to defendant creditor.
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Court
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