- 11 U.S.C.
In re Mierkowski
Sep
29
2008
Ruling
"910 vehicle" claim could not be bifurcated but negative equity portion was not included in purchase money security interest.
Procedural posture
The court conducted a hearing on the confirmation of the Second Amended chapter 13 plan filed by debtors and the Objection to the Plan filed by a creditor.
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Court
:
- 11 U.S.C.
In re Montry
Sep
11
2008
Ruling
Plan confirmation denied for lack of good faith where filed solely to provide for payment of postpetition attorneys'fees from estate.
Procedural posture
Bankruptcy debtors proposed a chapter 13 plan which provided for payment to the debtor's attorney over time and provided for no payment to prepetition creditors. The bankruptcy trustee moved for denial of confirmation of the debtors'plan based on a lack of good faith as required by 11 U.S.C.S. § 1325(a)(3).
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Court
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Carlson v. Moratzka (In re Carlson)
Sep
10
2008
Ruling
Bankrtuptcy court properly denied non-wage earning debtor spouse's claim for exemption in tax refunds.
Procedural posture
Debtors, a husband and wife, filed a petition under capter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to the wife's claim that she was entitled to claim half of federal and state income tax refunds she and her husband received as exempt property. The Bankruptcy Court for the District of Minnesota sustained the objection, and the wife appealed.
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Court
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Judge or Jurisdiction information not available
In re Cox
Sep
03
2008
Ruling
Section 1325(b) does not violate equal protection clause of Fifth Amendment as applied to above-median debtors unable to pay unsecured creditors the amount reflected on Form 22C.
Procedural posture
A chapter 13 trustee moved to deny confirmation of the debtors' chapter 13 plan on the grounds that the plan failed to comply with 11 U.S.C.S. § 1325(b). The trustee alleged that the plan did not propose to pay to unsecured creditors the amount required by § 1325(b) as reflected on the debtors' Form 22C.
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Court
:
- 11 U.S.C.
Rosens Inc. v. Ghere (In re Ghere)
Aug
29
2008
Ruling
Discharge denied due to financially sophisticated debtor's failure to keep adequate records.
Procedural posture
Plaintiff creditor filed a complaint against defendant chapter 7 debtor, seeking to deny the debtor a discharge with respect to the amount owed to the creditor pursuant to 11 U.S.C.S. § 523(a)(2)(B) and seeking to deny the debtor a discharge pursuant to 11 U.S.C.S. § 727(a)(3) and /or § 727(a)(5).
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Court
:
In re Ward
Aug
08
2008
Ruling
Prepetition forbearance agreement could be incorporated into plan.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A bank, acting as indenture trustee for registered noteholders, filed an objection to confirmation of the debtors' plan.
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Court
:
- 11 U.S.C.
Fee v. Eccles (In re Eccles)
Jul
23
2008
Ruling
Debt was nondischargeable due to debtors'false representations regarding use of creditor's funds.
Procedural posture
Plaintiff trustee sued defendant creditors, alleging slander of title that resulted from the lis pendens recorded by the creditors in connection with a pre-petition state court lawsuit. The creditors brought an adversary proceeding against defendant debtors, alleging that a loan was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and requesting, inter alia, an equitable lien on the debtors'property. A trial was held on the consolidated cases.
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Court
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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.
Sears v. EduCap Inc. (In re Sears)
Jul
14
2008
Ruling
Student loan debt owed to nonprofit institution that was not original lender was still nondischargeable.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor, seeking a determination that a debt to the creditor was not an educational loan and thus was not excepted from discharge in bankruptcy under 11 U.S.C.S. § 523(a)(8). The creditor moved for summary judgment.
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Court
:
Rouse v. Ben Mortg. Co. (In re Carruth)
Jun
17
2008
Ruling
Modification of deed to correct legal description was not a preferential transfer.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee sought to avoid an allegedly preferential transfer of an interest in some of the debtors'real property, to defendant mortgage company, pursuant to 11 U.S.C.S. § 547(b). The parties filed cross- motions for summary judgment.
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Court
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