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.
Velde v. First Intl Bank & Trust (In re Y-Knot Constr. Inc.)
Jun
08
2007
Ruling
Aproval of settlement of preference proceeding reversed as bankruptcy court failed to make required findings of fact.
Procedural posture
Appellant creditor, a bank, challenged an order from the Bankruptcy Court for the District of Minnesota, which granted a motion of appellee trustee to compromise a preference action against another creditor, a lumber company, under Fed. R. Bankr. P. 9019.
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- 11 U.S.C.
In re Hicks
Jun
01
2007
Ruling
Debtor could not claim expense for support of dependent who was not elderly, chronically ill or disabled.
Procedural posture
The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) on the grounds that the filing constituted an abuse of the provisions of chapter 7. The chapter 7 trustee ("trustee") filed a response in which the trustee made no substantive argument in support of the motion but requested that the motion be granted only upon payment of the trustee's approved fees and expenses.
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Court
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In re Freis
May
18
2007
Ruling
Chapter 7 case ordered dismissed unless converted as above-median debtors has ability to fund chapter 13 plan.
Procedural posture
The debtors filed for relief under chapter 7. The United States Trustee sought to dismiss the case, pursuant to 11 U.S.C. § 707(b)(2) and (3).
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Court
:
- 11 U.S.C.
Kuschel v. Kuschel (In re Kuschel)
Apr
12
2007
Ruling
Debtor's obligation to former spouse on note consolidating their student loans was dischargeable.
Procedural posture
Plaintiff debtor filed an amended complaint to determine dischargeability pursuant to 11 U.S.C. § 523(a)(15) and for declaratory judgment.
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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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In re Schott
Mar
23
2007
Ruling
Parochial school tuition, additional life insurance and soccer expenses were not reasonably necessary, leading to dismissal for substantial abuse.
Procedural posture
The United States Trustee ("UST") filed a motion to dismiss the debtors'chapter 7 bankruptcy case for substantial abuse under 11 U.S.C. § 707(b).
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Court
:
- 11 U.S.C.
Gakiny v. Columbia College (In re Gakinya)
Mar
20
2007
Ruling
Tuition obtained through college's deferred payment plan was a nondischargeable student loan.
Procedural posture
Defendant debt collector filed a motion for summary judgment in chapter 7 debtor's action, which alleged that the debt collector and defendant college violated the discharge injunction by attempting to collect a debt owed to the college by debtor that was discharged by the discharge order entered in debtor's bankruptcy case. Debtor filed a motion for summary judgment.
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Court
:
- 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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- 11 U.S.C.
Weems v. Cavaluzzi (In re Cavaluzzi)
Mar
19
2007
Ruling
Attorneys'fees incurred by debtor's former spouse in defending child support order were nondischargeable.
Procedural posture
Plaintiff creditor, the attorney who represented defendant debtor's former spouse in the couple's divorce proceedings, filed an adversary proceeding seeking a determination that the debts owed her were nondischargeable pursuant to 11 U.S.C. § 523(a)(5) and (a)(15).
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Court
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