- 11 U.S.C.
In re Heath
Jul
03
2012
Ruling
Confirmation denied due to modification of cross-collateralized debt.
Procedural posture
Debtors filed a petition under chapter 12 of the Bankruptcy Code and proposed a plan for paying their creditors that allowed them to sever agreements they entered with a creditor that cross-collateralized debts they owed the creditor. The creditor filed an objection to confirmation of the debtors' plan.
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Court
:
- 11 U.S.C.
In re Covel
Jul
03
2012
Ruling
Debtor could not be required to reaffirm secured debt despite statement of intent to do so.
Procedural posture
Debtor filed a petition under chapter 7, and a bank that held a secured interest in the debtor's home filed a motion for an order requiring the debtor to reaffirm a debt she owed on her home, redeem the property, or surrender the property. The court held a hearing on the bank's motion.
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Court
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In re Hopper
Jun
27
2012
Ruling
Confirmation denied and case converted to chapter 7 due to debtor's bad faith.
Procedural posture
Debtor declared chapter 13 bankruptcy and proposed a plan for repaying his creditors. The debtor's ex-wife filed an objection to confirmation of the debtor's plan and asked the court to convert the debtor's case to one under chapter 7, and a trustee who was appointed to administer the plan also filed an objection to confirmation. The court held a hearing on the objections and on an adversary proceeding the debtor filed against his ex-wife.
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Court
:
- 11 U.S.C.
Dugan v. U.S. Bank (In re Dugan)
Jun
20
2012
Ruling
Bank did not violate stay by seizing funds from business account of separate corporate entity owned 100 percent by debtor.
Procedural posture
Chapter 13 debtors filed a complaint defendant bank alleging violation of the automatic stay and seeking turn over of property of the estate. The bank filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012.
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Court
:
- 11 U.S.C.
Gomez v. Wells Fargo Bank (In re Gomez)
May
24
2012
Ruling
Reaffirmation agreement was valid despite failure to separate fees and costs or provide repayment schedule.
Procedural posture
Plaintiff bankruptcy debtors brought an adversary proceeding against creditor seeking a declaration that an agreement whereby the debtors reaffirmed their debt to the creditor secured by the debtors' home was null and void based on lack of compliance with the statutory requirements of 11 U.S.C.S. § 524.
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Court
:
Conine v. Foster (In re Foster)
Apr
20
2012
Ruling
Discharge denied due to debtor's failure to omissions from schedules.
Procedural posture
Judgment creditor filed an adversary proceeding against chapter 7 debtor, seeking a determination that a judgment she obtained in state court was nondischargeable under 11 U.S.C.S. § 523, a determination that the debtor was not eligible under 11 U.S.C.S. § 727(a)(2)(B), (a)(3), and (a)(4)(A) to have his debts discharged. The creditor withdrew her claim under § 523, and her claims under § 727 were tried to the court.
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Court
:
Caine v. First State Bank (In re Caine)
Dec
08
2011
Ruling
Debtors in possession could avoid defective lien as bona fide purchasers.
Procedural posture
Chapter 12 debtors in possession filed an adversary proceeding to set aside creditor bank's mortgage lien on real property pursuant to 11 U.S.C.S. § 544(a)(1), (3), because the legal description in the recorded mortgage was defective. The bank counterclaimed for reformation of the mortgage granted.
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Court
:
- 11 U.S.C.
In re Nicholas
Oct
26
2011
Ruling
Confirmation denied due to plan that effectively required unsecured creditors to subsidize debtor's retention of home and excluded SSI income from projected disposable income.
Procedural posture
The chapter 13 trustee objected to confirmation of a plan proposed by debtor, an ex-wife, based in part on debtor's intention to continue to reside in and to pay mortgages secured by a 7000 square foot residence in which she lived alone. One issue was whether the court might properly take debtor's Social Security income (SSI) into account in determining her projected disposable income (PDI) that was required to be committed to the plan.
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Court
:
- 11 U.S.C.
Luker v. Heartland Cmty. Bank (In re Frankum)
Jul
18
2011
Ruling
Payments to bank less than 90 days prior to petition date were preferential and avoidable.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendants, two banks and a funeral home, claiming, inter alia, that a $500,000 payment that was made to one of the banks was a preferential transfer that could be avoided under 11 U.S.C.S. § 547. The trustee filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Burnett
Jun
13
2011
Ruling
Debtor's counsel held in contempt and sanctioned for violating prior suspension order.
Procedural posture
The court ordered defendant, counsel for various debtors, to show cause why he should not be held in contempt of the court's prior suspension order, issued in connection with the court's finding in a different case that defendant would not be permitted to practice before the court until a state supreme court committee on professional conduct had reviewed the court's findings as to defendant's alleged misconduct.
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Court
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