In re Bricksin
Jul
26
2006
Ruling
Motion to dismiss case was denied since debtors' participation in debt repayment plan constitued ongoing credit counseling sufficient to satisfy 180-day prior to filing credit counseling requirement.
Procedural posture
After the debtors filed for bankruptcy protection under chapter 7, the U.S. trustee moved to dismiss their case pursuant to 11 U.S.C. §§ 707(a), 109(h) and 521(b) and Fed. R. Bankr. P., Interim R. 1007(b)(3). The trustee asserted that the debtors failed to file certificates from an approved credit counseling agency evidencing their receipt of credit counseling within the 180-day period preceding the date of filing the petition
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Court
:
In re Nelson
Jul
26
2006
Ruling
Debtor was not eligible for chapter 13 relief since debtor filed plan in bad faith.
Procedural posture
In a prior proceeding, the bankruptcy court summarily ruled that the debtor's proposed chapter 13 plan was filed in bad faith and dismissed the case. The Bankruptcy Appellate Panel for the Ninth Circuit reversed the decision and remanded the case, holding that the bankruptcy court should have permitted the debtor to amend her plan before dismissing the case.
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Court
:
- 11 U.S.C.
Gaughan v. Edward Dittlof Revocable Trust (In re Costas)
Jul
13
2006
Ruling
Panel affirmed judgment finding that debtor's disclaimer was not fraudulent transfer of property since panel ruled that bankruptcy law did not preempt state law in defining property interests.
Procedural posture
Appellee chapter 7 trustee sued appellant debtor pursuant to 11 U.S.C. § 548, seeking to avoid as a fraudulent conveyance a disclaimer by the debtor of her interests in a trust. The Bankruptcy Court for the District of Arizona granted the debtor's summary judgment motion and denied the relief sought by the trustee. The trustee appealed.
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- 28 U.S.C.
Pleasure Cove Resort Asset Mgmt. Group LLC v. United States (In re Pleasure Cove Resort Asset Mgmt. Group LLC)
Jul
10
2006
Ruling
Court abstained from hearing proceeding since no significant bankruptcy issues were involved.
Procedural posture
Defendant U.S. Bureau of Reclamation filed a motion to dismiss plaintiff debtor's adversary proceeding, which sought to obtain resort property seized by the bureau or compensation for the seizure.
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Court
:
- 11 U.S.C.
In re Barrantes
Jun
28
2006
Ruling
Creditor's objection to plan confirmation was overruled since proposed plan properly applied all of debtor's projected disposable income.
Procedural posture
Debtor filed a voluntary petition under chapter 13. Concurrently with the filing of the petition, debtor submitted a proposed chapter 13 plan. Creditor filed objections to confirmation of the plan.
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Court
:
Lam v. Conrad (Lam)
Jun
27
2006
Ruling
Court denied former spouse's motion for partial summary judgment on nondischargeability claim.
Procedural posture
Plaintiff, the debtor's former spouse, filed an adversary proceeding against defendant debtor seeking a determination that certain claims arising from their dissolution proceeding were nondischargeable pursuant to 11 U.S.C. § 523(a)(4) and 11 U.S.C. § 523(a)(15). The former spouse moved for partial summary judgment with respect to her claim under 11 U.S.C. § 523(a)(4).
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Court
:
- 11 U.S.C.
In re Pak
May
18
2006
Ruling
Trustee motion to dismiss was granted since case was abuse of chapter 7 given postfiling substantial increase in debtor's income.
Procedural posture
The trustee moved to dismiss debtor's chapter 7 case that had been filed after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), asserting that the filing constituted an abuse of the Bankruptcy Code pursuant to 11 U.S.C. § 707(b), as modified by the BAPCPA.
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Court
:
- 11 U.S.C.
In re Nelson
May
15
2006
Ruling
Order dismissing debtor's chapter 13 case was reversed since debtor was not given opportunity to request additional time to amend plan.
Procedural posture
Appellant bankruptcy debtor proposed a chapter 13 plan, but appellee trustee objected to the plan partly on the basis that the plan proposed only minimal payments with a minimal dividend for creditors. The debtor appealed the order of the Bankruptcy Court of the Northern District of California, which dismissed the debtor's case because the plan was not confirmable.
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In re Quintero
May
05
2006
Ruling
Reaffirmation agreement was not approved and creditor was prohibited from repossessing car since agreement did not meet disclosure requirements of section 524(k).
Procedural posture
Petitioner debtor requested approval of her reaffirmation agreement with a secured creditor.
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Court
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Wolff v. Johnson (In re Johnson)
May
01
2006
Ruling
Appellate panel reversed bankruptcy court by finding that plan provision calling for payment of attorney's fees after plan completion was permissible.
Procedural posture
Appellee chapter 13 debtor's amended plan provided that attorneys'fees remaining unpaid at the completion of the case would not be discharged and would be paid directly by the debtor after entry of his discharge. The Bankruptcy Court for the Eastern District of California, although it approved the fees, nevertheless indicated that appellant, debtor's counsel, could not collect fees from the debtor after entry of discharge.
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