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In re Scruggs

May
31
2006
Ruling
Objection to confirmation was sustained since plan failed to propose to pay interest on creditor's secured claim at rate prescribed by Till case.
Procedural posture

Debtors filed a voluntary petition for relief under the provisions of chapter 13. Debtors'plan proposed to pay the sum of $854 per month to the trustee for a period of 60 months. A creditor filed a timely objection to confirmation of the plan, asserting that the plan failed to propose to pay it the present value of its claim over the life of the plan as required by 11 U.S.C. § 1325(a)(5)(B)(ii).

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opinion summary, case decided on May 31, 2006 , LexisNexis #0606-112
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In re Cobb

May
22
2006
Ruling
Case was dismissed since debtors' typed statement of exigent circumstances was not a certification sworn to under oath.
Procedural posture

Respondent U.S. trustee objected to petitioner debtors'request for a waiver of the requirement in 11 U.S.C. § 109(h)(1) that they obtain credit counseling before filing their chapter 13 bankruptcy petition.

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opinion summary, case decided on May 22, 2006 , LexisNexis #0606-038
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In re May

Apr
03
2006
Ruling
Lien on debtors'homestead was deemed avoidable since the extent of impairment of debtors'homestead exemption was greater than lien amount.
Procedural posture

Before the court was debtors'motion to avoid judicial lien, pursuant to 11 U.S.C. § 522(f), opposed by the creditor.

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opinion summary, case decided on April 03, 2006 , LexisNexis #0606-018
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In re Warren

Mar
21
2006
Ruling
Dismissal was not warranted since the debtor completed the required credit counseling on the filing day before filing but needed an extension of time to file the certificate of counseling.
Procedural posture

A bankruptcy debtor obtained credit counseling as required by 11 U.S.C. § 109(h)(1) on the same day, but prior to the time, that the debtor filed his bankruptcy petition, but the debtor was unable to obtain a certificate of credit counseling until several weeks later. The debtor moved to enlarge the time for filing the certificate, and the trustee moved to dismiss the petition.

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opinion summary, case decided on March 21, 2006 , LexisNexis #0406-001
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In re Lybrand

Mar
17
2006
Ruling
Objection to plan confirmation was sustained, and the IRS was permitted to set off the debtor's refund against any tax liability, whether dischargeable or nondischargeable in nature.
Procedural posture

The IRS filed a motion to lift the automatic stay to set off a tax refund. The debtors did not object to the motion to lift the automatic stay. The issue was whether the IRS could allocate a prepetition tax refund to offset the prepetition tax liability of its choice.

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opinion summary, case decided on March 17, 2006 , LexisNexis #0406-027
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In re Wallace

Mar
10
2006
Ruling
Debtor's case was dismissed since the debtor failed to obtain the required prefiling credit counseling or file a certificate of exigent circumstances.
Procedural posture

Before the court in debtor's bankruptcy matter was a motion to dismiss filed by the chapter 13 standing trustee.

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opinion summary, case decided on March 10, 2006 , LexisNexis #0406-036
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In re Torelli

Feb
28
2006
Ruling
Court denied confirmation of the debtor's chapter 12 plan because it did not propose to pay a bank the present value of the bank's fully secured claim and because the plan was not feasible.
Procedural posture

Debtor filed for bankruptcy protection under chapter 12 and sought confirmation of a chapter 12 plan. Objector secured creditor objected to confirmation of the proposed plan. The court held a confirmation hearing.

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opinion summary, case decided on February 28, 2006 , LexisNexis #0306-066
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In re Dwiggins

Jan
09
2006
Ruling
Claim for postpetition creditor's attorneys' fees incurred in collecting debt was allowed.
Procedural posture

An oversecured mortgage creditor amended its claim in debtors bankruptcy to include postpetition attorneys fees, pursuant to 11 U.S.C. § 506(b), for bankruptcy-related services and for defending the debtors'state-court appeal of a decision in favor of the creditor. The debtors objected to the creditor's amended claim.

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opinion summary, case decided on January 09, 2006 , LexisNexis #0207-079
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