- 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
:
- 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
:
- 11 U.S.C.
Law v. Stover (In re Law)
Jan
26
2006
Ruling
Debtors were denied exemption of their federal child tax credit refunds since the refunds were contingent interests in future payments and thus were estate property.
Procedural posture
Appellant debtors challenged orders of the bankruptcy court entered on June 27, 2005, and June 29, 2005, in each of these cases sustaining the objection of appellee, the chapter 7 trustee, to debtors'claim of exemption in the portions of their federal tax refunds attributable to the federal child tax credit.
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- 11 U.S.C.
Roberts v. Pierce (In re Pierce)
Jan
25
2006
Ruling
Order regarding proof of claim was affirmed since the bankruptcy court did not abuse its discretion in setting the particularities of notice procedure, including not conducting an evidentiary hearing.
Procedural posture
Appellant claimant challenged an order of the district court, which affirmed a bankruptcy court's order granting in part and disallowing in part a proof of claim against appellee debtor without holding an evidentiary hearing in a voluntary chapter 13 bankruptcy proceeding.
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- FRBP
Roberts v. Pierce (In re Pierce)
Jan
25
2006
Ruling
Order regarding proof of claim was affirmed since negative notices are permissible under the Code.
Procedural posture
Appellant claimant challenged an order of the district court, which affirmed a bankruptcy court's order granting in part and disallowing in part a proof of claim against appellee debtor without holding an evidentiary hearing in a voluntary chapter 13 bankruptcy proceeding.
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- 11 U.S.C.
Gallagher Langlas & Gallagher P.C. v. Clair (In re Clair)
Jan
25
2006
Ruling
Attorneys were denied summary judgment since a material issue remained as to whether an award of attorneys'fees to a debtor's former wife was intended to be a maintenance or support obligation and, thus, whether it was exempt from discharge.
Procedural posture
In a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I), (J), plaintiff law firm sought to recover from defendant debtor a sum of attorneys'fees that the debtor was ordered to pay pursuant to a divorce. The firm moved for summary judgment.
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Court
:
- 11 U.S.C.
Dahmer v. United States (In re Dahmer)
Jan
23
2006
Ruling
Debtors'additional federal tax assessment was dischargeable even though the debtors did not file an amended tax return since a state statute requiring a taxpayer to report federal tax assessment changes did not mean the taxpayer had to file an amended tax return.
Procedural posture
Plaintiff chapter 7 debtors filed an adversary proceeding pursuant to 11 U.S.C. § 523(a)(1) against defendants, the United States and the State of Missouri Department of Revenue ("MDOR"), seeking a declaratory judgment that any tax debt owed for the 1987 tax year was dischargeable and that any liens associated with that tax debt should be avoided or should attach only to the debtors'property as of the date of their bankruptcy filing.
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Court
:
In re Heerlein
Jan
17
2006
Ruling
Debtor could not avoid a judicial lien since the debtor lost an interest in the garnished wages when the prepetition wage garnishment order was entered.
Procedural posture
Debtor moved to avoid judicial lien pursuant to 11 U.S.C. § 522(f) and for release of garnished wages.
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Court
:
U.S. Bank N.A. v. Young (In re Young)
Jan
12
2006
Ruling
Debtor's lack of subject matter jurisdiction argument based on the debtor's status as a farmer was rejected since section 303(a) of the Code does not provide a jurisdictional challenge but rather an involuntary petition defense, one that the debtor waived by consenting to the petition.
Procedural posture
Defendant debtor appealed from an order of the bankruptcy court granting several of plaintiff creditors'motions for summary judgment, wherein the creditors asserted that debtor was collaterally estopped by a guilty plea from arguing that he did not incur his obligations to them by way of fraud
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