- 11 U.S.C.
In re Robinson
Feb
10
2006
Ruling
Court ruled that the debtor could modify the interest rates that secured creditors received in a chapter 13 case.
Procedural posture
Debtor filed a voluntary chapter 13 bankruptcy petition. Before the court were Objections to Confirmation of two creditors.
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Court
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In re Petty
Feb
10
2006
Ruling
Trustee's objection to plan confirmation was overruled since the debtors'proposed charitable contribution did not exceed the cap of 15 percent of the debtors'gross income.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtors'proposed plan. The basis for the trustee's objection was that the debtors have scheduled monthly charitable contributions, in the form of weekly tithes and offerings to his church, while only paying unsecured creditors approximately one percent of their claims over the life of the plan. The trustee also moved for dismissal of the case pursuant to 11 U.S.C. § 1307.
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Court
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- 11 U.S.C.
In re Petty
Feb
10
2006
Ruling
Trustee was denied a dismissal request since the trustee failed to show the debtors filed their plan in bad faith.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtors'proposed plan. The basis for the trustee's objection was that the debtors have scheduled monthly charitable contributions, in the form of weekly tithes and offerings to his church, while only paying unsecured creditors approximately one percent of their claims over the life of the plan. The trustee also moved for dismissal of the case pursuant to 11 U.S.C. § 1307.
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Court
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- 11 U.S.C.
Hazelquist v. Guchi Moochie Tackle Co.
Feb
09
2006
Ruling
Patent infringement cause of action was not barred by a discharge injunction, and dismissal of the claim was reversed since the alleged further infringements occurred postdischarge.
Procedural posture
Plaintiff, a holder of patent rights, filed a complaint against defendants, a tackle company, and its owner, alleging infringement. The holder appealed from an order of the District Court for the Western District of Washington dismissing his claims against the owner, and its order denying his motion for reconsideration.
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- 11 U.S.C.
Bender v. Van Ru Credit Corp. (In re Bender)
Feb
09
2006
Ruling
Court ruled that it did not have the authority to restructure or reduce the debtor's student loan debt and that that debt was nondischargeable since the the debtor did not demonstrate undue hardship.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant U.S. Department of Education, seeking to discharge student loan obligations pursuant to 11 U.S.C. § 523(a)(8). The bankruptcy court held a trial.
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Court
:
- 11 U.S.C.
In re Anderson
Feb
06
2006
Ruling
Debtors'petition was dismissed since the husband debtor failed to provide a certificate of counseling or exigent circumstances and the wife's certificate of exigent circumstances failed to show an inability to obtain counseling services before circumstances worsened.
Procedural posture
Bankruptcy debtors, husband and wife, filed a joint chapter 7 bankruptcy petition, and the debtors moved under 11 U.S.C. § 109 for exemption from the requirement that they obtain a briefing from an approved nonprofit budget and credit counseling agency before filing bankruptcy.
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Court
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In re Kuecker Equip. Co.
Feb
06
2006
Ruling
Debtor's original state court action violated the automatic stay but the amended complaint did not since only the original complaint had included the corporation debtor directly in the action.
Procedural posture
A corporate bankruptcy debtor asserted that a former employee of the debtor violated the automatic bankruptcy stay by pursuing a state court action against the debtor's principals. The debtor moved to enforce the bankruptcy stay.
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Court
:
- 11 U.S.C.
In re Kurtzahn
Jan
31
2006
Ruling
Debtor was denied an extension of an automatic stay since the debtor could not prove the second filing's plan was feasible and the filing was not made in bad faith.
Procedural posture
The debtor filed a motion under 11 U.S.C. § 362(c)(3)(B) — one of the provisions added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8 — to extend the automatic stay beyond the 30-day limit.
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Court
:
- 11 U.S.C.
In re Bakker
Jan
27
2006
Ruling
Debt owed to a supplier was dischargeable since the supplier had failed to show fraud by the debtors.
Procedural posture
Defendant debtors, a husband and a wife, sought to discharge debt owed to plaintiff supplier. The supplier challenged the dischargeability of debt under 11 U.S.C. §§ 523(a)(2), 727(a)(4)(A), (a)(4)(C), (a)(5) and (a)(7).
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Court
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- FRBP
Evans v. Codilis & Stawiarski P.A. (In re Evans)
Jan
27
2006
Ruling
Motion was deemed timely filed despite not being properly filed until a day after the deadline since the pro se debtor filed the motion in good faith, though not properly, within the applicable time.
Procedural posture
A pro se bankruptcy debtor's motion for summary judgment in an adversary proceeding was denied, the debtor filed a notice of appeal, and the debtor improperly moved the district court for relief from the order denying summary judgment. The motion for relief from the order was refiled with the bankruptcy court.
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Court
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