Alaska

In re Hamilton

Debtor filed a petition under chapter 13, and a bank that held a secured claim on the debtor's residence filed a motion seeking relief under 11 U.S.C.S. § 362(d)(1) from the automatic stay. The debtor opposed the bank's motion, and the court held a hearing on the motion and the debtor's objections.
Ruling: 
Relief from stay denied subject to debtor making payments and supplying tax returns.
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Consumer case opionion summary, case decided on October 30,2012, LexisNexis #1112-081

In re Petrosine

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.
Ruling: 
Exemptions disallowed due to deliberate concealment of assets.
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Consumer case opionion summary, case decided on September 13,2012, LexisNexis #1012-032

In re Harp

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.
Ruling: 
Plan modification denied as retroactive and unfair to general unsecured creditors.
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Consumer case opionion summary, case decided on August 20,2012, LexisNexis #0912-067

In re Martech USA Inc.

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.
Ruling: 
Fees of attorney who worked for chapter 7 trustee granted with reduction for work performed before employment was approved.
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Commercial case opionion summary, case decided on July 03,2012, LexisNexis #0912-103

In re Freibel

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.
Ruling: 
Case ordered converted or dismissed due to presumption of abuse.
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Consumer case opionion summary, case decided on May 15,2012, LexisNexis #0612-026

In re Hatten

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.
Ruling: 
Stay pending appeal of distribution order denied due to lack of likelihood of success on merits.
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Consumer case opionion summary, case decided on April 10,2012, LexisNexis #0512-035

In re Garrison

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).
Ruling: 
Secured claim in vehicle purchased for business purposes could be bifurcated pursuant to hanging paragraph even if no longer used for such purposes.
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In re Bossie

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