Title

Jurisdiction

Decided date

Filing type

FRBP
- Rule 4003

In re Petrosine

Sep

2012

Ruling

Exemptions disallowed due to deliberate concealment of assets.

Procedural posture

Objections to amended exemption claims asserted by debtor were filed by a creditor that was debtor's ex-employer and the chapter 7 trustee. At issue was whether the objectors had established, by the preponderance of the evidence required by Fed. R. Bankr. P. 4003, that the exemptions were properly disallowed.

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Court :

District of Alaska ( Judge MacDonald ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on September 13, 2012 , LexisNexis #1012-032

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11 U.S.C.

In re Harp

Aug

2012

Ruling

Plan modification denied as retroactive and unfair to general unsecured creditors.

Procedural posture

Bankruptcy debtors who fell behind in payments under their confirmed plan sought to reduce their monthly payments and extend the term of the plan. The debtors moved to modify their confirmed plan.

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Court :

District of Alaska ( Judge MacDonald ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on August 20, 2012 , LexisNexis #0912-067

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11 U.S.C.
- § 330

In re Martech USA Inc.

Jul

2012

Ruling

Fees of attorney who worked for chapter 7 trustee granted with reduction for work performed before employment was approved.

Procedural posture

An attorney who performed work for a chapter 7 trustee filed a final application for allowance of fees and costs, and an Assistant United States Trustee ("UST") filed an objection to the application, claiming, inter alia, that some fees the attorney billed were not allowable under 11 U.S.C.S. §§ 330 and 704(a)(5). The court held a hearing on the UST's objections.

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Court :

District of Alaska ( Judge MacDonald ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on July 03, 2012 , LexisNexis #0912-103

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11 U.S.C.
- § 707
- § 707(b)

In re Freibel

May

2012

Ruling

Case ordered converted or dismissed due to presumption of abuse.

Procedural posture

The United States Trustee filed a motion to dismiss debtors' chapter 7 case for abuse under 11 U.S.C.S. § 707(b)(1) and (b)(2) or , alternatively, under 11 U.S.C.S. § 707(b)(1) and (b)(3). Creditors filed a motion to dismiss under 11 U.S.C. § 707(b)(3)(A) and (b)(3)(B). Another creditor filed a notice of joinder in both motions.

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Court :

District of Alaska ( Judge MacDonald ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on May 15, 2012 , LexisNexis #0612-026

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11 U.S.C.
- § 726

In re Hatten

Apr

2012

Ruling

Stay pending appeal of distribution order denied due to lack of likelihood of success on merits.

Procedural posture

In a chapter 7 bankruptcy case, the court appointed a trustee to administer the debtor's bankruptcy estate and authorized the trustee to disburse funds that were in the bankruptcy estate in accordance with the distribution scheme set out in 11 U.S.C.S. § 726. The debtor filed a notice of appeal and asked the bankruptcy court to enter an order which prohibited the trustee from disbursing funds until the appeal was resolved.

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Court :

District of Alaska ( Judge MacDonald ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on April 10, 2012 , LexisNexis #0512-035

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11 U.S.C.
- § 1325
- § 1325(a)

In re Garrison

Jun

2007

Ruling

Secured claim in vehicle purchased for business purposes could be bifurcated pursuant to hanging paragraph even if no longer used for such purposes.

Procedural posture

Chapter 13 debtor filed a motion to value a creditor's security interest in the debtor's vehicle and bifurcate the creditor's secured claim into secured and unsecured components pursuant to 11 U.S.C. § 506(a).

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Court :

District of Alaska ( Judge MacDonald ) [ Bankruptcy Court ]

opinion summary, case decided on June 01, 2007 , LexisNexis #0907-120

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11 U.S.C.

In re Bossie

Dec

2006

Ruling

From 22C did not provide sufficient or accurate basis for determining debtor's "projected disposable income."

Procedural posture

The debtors moved to confirm their proposed chapter 13 plan. The chapter 13 trustee recommended against confirmation. The issue was the proper calculation of the debtors'"projected disposable income"for purposes of 11 U.S.C. § 1325(b)(2).

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Court :

District of Alaska ( Judge MacDonald ) [ Bankruptcy Court ]

opinion summary, case decided on December 12, 2006 , LexisNexis #0407-011

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