In re Carter
Jul
15
2008
Ruling
Creditor's objection to trustee's notice of disallowance of claim overruled due to failure to timely object to confirmed plan.
Procedural posture
A creditor objected to a trustee's notice allowing/disallowing claims, which showed that the creditor was to receive nothing under the debtor's chapter 13 plan on the creditor's secured or unsecured claims and that the debtor's real property was to be surrendered in lieu of the entire debt to the creditor.
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Court
:
- 11 U.S.C.
In re Dufva
May
13
2008
Ruling
730 day residency requirement for filing in debtor's new domicile reflects calander days not 24-hour periods.
Procedural posture
The debtors claimed exemptions under Nevada's exemption laws. The chapter 7 Trustee objected claiming that Missouri's exemption laws applied. The issue was how to calculate "the 730 days immediately preceding the date of the filing of the petition" under 11 U.S.C.S. § 522(b)(3)(A).
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Court
:
In re Mowris
Mar
17
2008
Ruling
Debtors could not claim deduction for payments on retirement plan loans resulting in order for conversion or dismissal for abuse.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code. The United States Trustee (UST) filed a motion to dismiss, pursuant to 11 U.S.C.S. § 707(b)(1), claiming that there was a presumption of abuse.
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Court
:
- 11 U.S.C.
Babin v. Wilson (In re Wilson)
Mar
14
2008
Ruling
Bankruptcy court erred in allowing full vehicle ownership expense deduction where debtors owned vehicle free and clear.
Procedural posture
Appellant chapter 13 Trustee challenged a decision of the United States Bankruptcy Court for the Western District of Arkansas which held that, in determining allowable expenses under 11 U.S.C.S. § 707(b), appellee debtors could claim a vehicle ownership expense deduction even though they owned the car outright.
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Court
:
Judge or Jurisdiction information not available
In re Weiser
Dec
18
2007
Ruling
Negative equity and gap insurance had a core nexus with vehicle purchase and did not defeat purchase money security interest status preventing bifurcation.
Procedural posture
A chapter 13 debtor filed an objection to a creditor's fully-secured proof of claim, asserting that the "hanging paragraph" at the end of 11 U.S.C. § 1325(a) did not apply. The creditor filed an objection to the confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
In re Riding
Oct
30
2007
Ruling
Plan not confirmable due to debtor's failure to utilize disposable income calculation from Form 22C.
Procedural posture
A debtor filed for relief under chapter 13 and submitted a proposed chapter 13 plan. A trustee filed a motion objecting to the plan, pursuant to 11 U.S.C. § 1325, because the amount that the debtor proposed to pay was less than her form showed that she should pay.
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Court
:
In re Nickerson
Sep
07
2007
Ruling
Debtors ineligible for exemptions in either filing state or state of former domicile could claim federal exemptions.
Procedural posture
A debtor filed for relief under chapter 7. The debtor sought to claim exemptions pursuant to 11 U.S.C. § 522(d), claiming that she was not eligible to take advantage of either the Missouri or Kansas exemptions due to the requirements of 11 U.S.C. § 522(b)(3)(A). A trustee objected to the use of the federal exemptions.
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Court
:
In re Williams
Jun
12
2007
Ruling
Relief from co-debtor stay granted where chapter 13 plan did not propose to pay the claim.
Procedural posture
Creditors moved for relief from a stay of action against co-debtors pursuant to 11 U.S.C. § 1301(c).
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Court
:
- 11 U.S.C.
Addison v. Seaver (In re Addison)
Mar
30
2007
Ruling
Bankruptcy court properly denied homestead exemption and exemption for tuition savings plan for debtor's children.
Procedural posture
Debtor appealed from a judgment of the Bankruptcy Court for the District of Minnesota, that held that 26 U.S.C. § 529 tuition savings plans for debtor's children were assets of his estate under the former version of 11 U.S.C. § 541, denied his claim to a homestead and individual retirement income account exemptions, in the amounts involved in certain transfers, applying both Minnesota law and the Bankruptcy Code.
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- 11 U.S.C.
Blue Skies Inc. v. Preece (In re Preece)
Mar
19
2007
Ruling
Debt properly held nondischargeable on grounds of fraud where debtor whose helicopter dealership had been terminated held self out as authorized dealer.
Procedural posture
Defendant debtor appealed a judgment of the Bankruptcy Court for the District of Minnesota, which determined that his debts to plaintiff creditors were nondischargeable under 11 U.S.C. § 523(a)(2)(A).
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