- 11 U.S.C.
In re Fields
Jun
01
2016
Ruling
Chapter 13 debtor not engaged in business could incur secured debt and obtain credit via planmodification. (Bankr. D. Minn.)
Issue(s)
Does the Bankruptcy Code2 require a debtor in a chapter 13 case — who is not "engaged in business" — to obtain court approval when seeking [*3] to obtain post-petition credit and to incur debt to purchase a vehicle?
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Court
:
- 11 U.S.C.
In re Fields
May
27
2016
Ruling
Court authorization not required for debtor not engaged in business to purchase automobile.
Issue(s)
Should the bankruptcy court grant individual chapter 13 debtors authorization to incur debt and secure credit to purchase a motor vehicle?
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Court
:
- 11 U.S.C.
In re Stewart
Sep
01
2015
Ruling
Debtor could surrender title to LLC that serviced the mortgage on the property.
Issue(s)
Could debtor obtain an order to surrender title to property directly to the LLC that serviced a mortgage on the property?
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Court
:
- 11 U.S.C.
In re Sowell
Aug
07
2015
Ruling
Attorneys fee application of chapter 13 debtor's attorney for fees earned prior to conversion to chapter 7 approved.
Issue(s)
Were debtor's attorneys' entitled to fees earned in chapter 11 case prior to conversion to chapter 7?
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Court
:
- 11 U.S.C.
Seaver v. Ashenfelter (In re MSP Aviation LLC)
Jun
05
2015
Ruling
Bankruptcy court declined to recharacterize loan debt as equity given factual findings.
Issue(s)
Could bankruptcy court recharacterize debt as equity rather than a loan?
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Court
:
- 11 U.S.C.
In re Lien
Mar
16
2015
Ruling
Property of converted chapter 13 case ordered to become property of subsequent chapter 7 case where debtor converted the case in bad faith to avoid paying inheritance to trustee.
Issue(s)
Was debtors' conversion of case from chapter 13 to chapter 7 done in bad faith so that an inheritance received by the debtors while the case was in chapter 13 was property of the chapter 7 bankruptcy estate and subject to turnover?
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Court
:
- 11 U.S.C.
In re Hennessy
Jan
16
2015
Ruling
Debtor's 529 plans in favor of children were excluded from the estate.
Issue(s)
Were 529 plans in favor of debtor's children, inherited by debtor from debtor's mother, property of the estate?
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Court
:
- 11 U.S.C.
In re Sky Ventures LLC
Dec
23
2014
Ruling
Residential lease rejection retroactive to petition date remained effective absent timely opposition by creditor.
Issue(s)
Should the lessor of nonresidential real property formerly used by debtor pursuant to a now- rejected lease be allowed an administrative claim for post-petition rent and other lease obligations?
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Court
:
- 11 U.S.C.
In re Hoffman
May
19
2014
Ruling
Confirmation of plan with three-year commitment period denied due to deduction of ordinary and necessary business expenses.
Issue(s)
Whether a self-employed chapter 13 debtor may deduct ordinary and necessary business expenses when calculating current monthly income to determine the applicable commitment period?
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Court
:
- 11 U.S.C.
In re Strickland
Jan
13
2014
Ruling
Chapter 7 case ordered converted or dismissed given that debtor had sufficient disposable income to fund a chapter 13 plan.
Issue(s)
Should chapter 7 case be dismissed due to allegedly improper calculation of income and expenses, resulting in presumption of abuse?
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Court
: