In re Stout
Jan
09
2006
Ruling
Trustee was granted motion to dismiss the debtor's case since the amounts the debtor budgeted for the debtor's daughter's home schooling and ice skating lessons constituted a substantial abuse of chapter 7.
Procedural posture
The U.S. trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
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Court
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In re Dwiggins
Jan
09
2006
Ruling
Claim for postpetition creditor's attorneys' fees incurred in collecting debt was allowed.
Procedural posture
An oversecured mortgage creditor amended its claim in debtors bankruptcy to include postpetition attorneys fees, pursuant to 11 U.S.C. § 506(b), for bankruptcy-related services and for defending the debtors'state-court appeal of a decision in favor of the creditor. The debtors objected to the creditor's amended claim.
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Court
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- FRBP
Briggs v. Labarge (In re Phillips)
Jan
09
2006
Ruling
Attorney violated Bankruptcy Rules by filing bankruptcy petition for the debtor without meeting with the debtor to confirm that the debtor authorized second filing.
Procedural posture
Appellee trustee moved for sanctions against appellant attorney, alleging that the attorney violated Fed. R. Bankr. P. 9011 by filing a bankruptcy petition for the debtor without meeting with the debtor or obtaining the debtor's signature. The bankruptcy court agreed and imposed sanctions. The bankruptcy appellate panel affirmed the bankruptcy court's order. The attorney appealed.
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- 11 U.S.C.
In re Ward
Jan
07
2006
Ruling
Social security income excluded from calculation of disposable income.
Procedural posture
The debtor filed for bankruptcy relief under chapter 13 and submitted a proposed plan. The trustee objected to the plan, asserting that the debtor was not going to pay all of her projected disposable income into the plan during the applicable commitment period as required by 11 U.S.C. § 1325(b).
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Court
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- 11 U.S.C.
Missouri ex rel. Nixon v. Foster (In re Foster)
Jan
05
2006
Ruling
Debtors were denied a discharge since they knowingly and fraudulently failed to disclose or correct numerous material omissions or to comply with a court order to produce documents.
Procedural posture
In consolidated adversary proceedings, motions for partial summary judgment were filed on certain of the claims asserted in the complaints filed by plaintiffs, state, an individual, and the trustee, for denial of discharge to debtors and defendants debtors, pursuant to 11 U.S.C. § 727(a)(3), (a)(4)(A), (a)(5) and (a)(6)(A).
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Court
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In re Nuttall
Dec
27
2005
Ruling
Debtors were granted a waiver of the filing fee based on a review of their income.
Procedural posture
Debtors, a husband and wife, filed an application for waiver of the chapter 7 filing fee for individuals who could not pay the filing fee in full or in installments pursuant to 28 U.S.C. § 1930(f).
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Court
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- 11 U.S.C.
In re Talib
Dec
01
2005
Ruling
Debtor's motion to waive pre-filing debt counseling requirement was denied since she did not establish exigent circumstances.
Procedural posture
Pursuant to 11 U.S.C. § 109(h)(3), a chapter 13 debtor filed a certification of exigent circumstances and a motion to waive debt counseling prior to filing.
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Court
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In re Williams
Nov
28
2005
Ruling
Court denied the debtor's motion to be excused from filing a certificate of credit counseling and ordered the debtor to file either the required certificate of credit counseling or certification of exigent circumstances or risk dismissal of the case without further notice or hearing.
Procedural posture
Debtor requested a waiver of the requirement to obtain budget and credit counseling under 11 U.S.C. § 109(h). Rather than filing the required certification, the debtor filed a motion to be excused from filing a certificate of credit counseling.
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Court
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In re Gee
Oct
26
2005
Ruling
Debtor was ineligible to be a debtor despite exigent circumstances since the debtor failed to request credit counseling services prior to filing.
Procedural posture
A putative bankruptcy debtor filed a bankruptcy petition and a certification of exigent circumstances in support of a request for waiver of the requirement under 11 U.S.C. § 109 that the debtor obtain debt counseling prior to filing her petition. The certification of exigent circumstances was denied, and the debtor moved to vacate the order rejecting the certification.
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Court
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Wash. Mut. Bank F.A. v. Sommerville (In re Sommerville)
Oct
13
2005
Ruling
Lien holder was barred by automatic stay from correcting the lien holder's mistaken release of debtor since filing established the trustee as a hypothetical lien creditor senior to the lien holder.
Procedural posture
Plaintiff, a servicer for a prior lien holder, alleged that it filed a corporate deed of release in error and that defendant debtor's note has not been paid in full. The servicer sought to have the deed of release set aside and the deed of trust reinstated. The debtor and defendant trustee opposed reinstatement of the deed of trust as violating 11 U.S.C. § 544(a). The parties filed cross-motions for summary judgment.
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Court
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