In re Osborn
Aug
22
2006
Ruling
Creditor qualifying under hanging paragraph of section 1325(a) had secured claim for full amount due as of petition date.
Procedural posture
Chapter 13 debtors objected to the unsecured proof of claim filed by a creditor. The creditor objected to confirmation of the debtors'proposed chapter 13 Plan, which proposed to surrender the vehicle securing the creditor's claim in full satisfaction of such claim.
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Court
:
- 11 U.S.C.
In re Skaggs
Aug
16
2006
Ruling
Case dismissed for substantial abuse due to debtor's excessive monthly income.
Procedural posture
The United States Trustee filed a motion to dismiss the debtors' case pursuant to 11 U.S.C. § 707(b)(2) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
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Court
:
- 11 U.S.C.
Lange v. Schropp (In re Brook Valley IV J.V.)
Aug
15
2006
Ruling
Principals of debtor who formed new entities which purchased debtor's properties at foreclosure sale without disclosure to court ordered to turn over excess proceeds and profits.
Procedural posture
Appellee bankruptcy trustee brought an adversary proceeding against appellants, the principals of bankruptcy debtor partnerships, alleging that the principals breached fiduciary duties by secretly purchasing real properties of the debtor for their own benefit. The principals appealed the judgment in favor of the trustee entered in the Bankruptcy Court for the District of Nebraska.
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- 11 U.S.C.
T.K. v. Love (In re Love)
Aug
10
2006
Ruling
Damages owed to minor molested by debtor who was working as Santa Claus were excepted from discharge.
Procedural posture
Plaintiff, an individual acting on behalf of a minor child, filed an adversary proceeding against defendant debtor, seeking a determination of nondischargeability under 11 U.S.C. § 523(a)(6) of any damages that the minor may have obtained for the willful and malicious injury caused by the debtor when he sexually molested the minor. The individual moved for summary judgment.
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Court
:
- 11 U.S.C.
Cumberworth v. United States Dept of Educ. (In re Cumberworth)
Aug
10
2006
Ruling
Panel affirmed judgment discharging student loan debt due to undue hardship.
Procedural posture
Appellant, the U.S. Department of Education ("DOE"), sought review of a judgment from the Bankruptcy Court for the Northern District of Iowa, which determined that debtor's obligation to the DOE on her student loans was discharged under 11 U.S.C. § 523(a)(8).
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- 11 U.S.C.
In re Sanchez
Jul
13
2006
Ruling
Court sustained trustee's motion to deny confirmation since 401(k) disbursements should have been included in calculating monthly income.
Procedural posture
Movant trustee filed a motion to deny confirmation of respondent debtors'chapter 13 plans.
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Court
:
In re Gress
Jun
14
2006
Ruling
Trustee's motion to deny confirmation was sustained since plan neither outlined that all projected disposable income be paid for five years to unsecured creditors nor provided that all unsecured claims be paid.
Procedural posture
A chapter 13 trustee sought to deny confirmation pursuant to 11 U.S.C. § 1325(b) of a second amended plan proposed by the debtors.
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Court
:
In re Newby
Jun
05
2006
Ruling
Oversecured creditor entitled only to insurance proceeds less amount of successful bid at foreclosure after total loss of property.
Procedural posture
Creditor, a bank, moved to compel turnover of insurance proceeds paid to cover a total loss of debtors'former residence.
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Court
:
In re McGuire
Jun
01
2006
Ruling
Chapter 13 plan was denied confirmation since it proposed repayment period for under 60 months and claimed vehicle ownership expense deduction on vehicle owned free and clear of liens.
Procedural posture
Chapter 13 trustee filed a motion to deny confirmation of debtors'chapter 13 plan, on the grounds that the plan was in violation of 11 U.S.C. § 1325(b).
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Court
:
- 11 U.S.C.
Moon v. Bauer (In re Bauer)
Jun
01
2006
Ruling
Court denied personal representative of debtor's estate motion for abstention under section 305 regarding now deceased debtor's life insurance policy proceeds.
Procedural posture
A chapter 7 trustee filed an adversary action against defendant personal representative of debtors'estates seeking turnover of the debtors'life insurance policies proceeds and certain other items pursuant to 11 U.S.C. § 541(a)(5). The representative filed a motion requesting that the proceedings be suspended under 11 U.S.C. § 305 to permit him to administer all of the assets and claims in the probate estates. The trustee opposed the motion.
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Court
: