- 11 U.S.C.
Sneed v. Hartsfield (In re Hartsfield)
Jun
03
2010
Ruling
State court judgment of fiduciary defalcation was nondischargeable.
Procedural posture
Plaintiff, a successor trustee and the personal representative of a decedent's estate, filed an adversary proceeding against chapter 11 debtor, objecting to exemptions the debtor claimed and seeking a determination that the debtor owed two debts that were nondischargeable under 11 U.S.C.S. § 523(a)(4) because he committed fraud or defalcation while acting in a fiduciary capacity. The case was tried to the court.
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Court
:
- 11 U.S.C.
In re Booth
Jan
14
2009
Ruling
Plan could not preclude mortgage creditor's postpetition fees but could require application of payments as though loan was current.
Procedural posture
A bankruptcy debtor's chapter 13 plan included provisions which precluded the debtor's mortgage creditor from charging postpetition fees, and required the creditor to apply plan payments by deeming any pre-petition arrearages to be contractually current and notify the debtor and others concerning changes in payment amount. The creditor challenged these plan provisions and objected to confirmation of the plan.
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Court
:
- 11 U.S.C.
Iberg v. Prewett (In re Iberg)
Oct
16
2008
Ruling
Debtors' failure to schedule a truck was not gounds for denial of discharge.
Procedural posture
Plaintiff property owner filed a complaint against defendant chapter 7 debtors, seeking monetary damages for breach of contract, denial of discharge based on 11 U.S.C.S. § 727(a)(5), a determination of dischargeability pursuant to 11 U.S.C.S. § 523(a)(6).
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Court
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In re Sutter
Sep
23
2008
Ruling
Denial of homestead exemption reversed and remanded for determination of whether equitable mortgage existed in absence of signed mortgage deed.
Procedural posture
The bankruptcy court sustained an objection, filed by appellee trustee, mortgage purchaser, and mortgage assignee, to appellant chapter 13 debtors'request for a homestead exemption under 11 U.S.C.S. § 522(g). The court also granted the trustee's motion to sell a mortgage interest to the mortgage purchaser. The debtors challenged both orders.
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Court
:
- 11 U.S.C.
In re Ealy
Aug
11
2008
Ruling
IRS not entitled to relief from stay to setoff debtor's postpetition overpayment and economic stimulus rebate against tax liability.
Procedural posture
After a bankruptcy debtor's chapter 13 plan was confirmed, the Internal Revenue Service (IRS) claimed a right of setoff of the debtor's postpetition tax overpayment and economic stimulus payment against the debtor's tax liability. The IRS moved to modify the automatic bankruptcy stay to permit the setoff.
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Court
:
In re Lasowski
Sep
14
2007
Ruling
Plan confirmed over trustee's objection as court could not require proration of 401(k) loan payments even though loans would be paid off before plan completion.
Procedural posture
A chapter 13 trustee objected to the confirmation of the plan of an above- median debtor. Because the debtor would pay off her 401(k) loan obligations before the completion of the proposed plan, the trustee objected to the debtor claiming a full deduction for the monthly loan payments.
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Court
:
In re Frederickson
May
16
2007
Ruling
Forty-eight-month plan approved for above-median debtor who had no disposable income and was not required to make payments to unsecured creditors.
Procedural posture
Debtor's chapter 13 plan, proposed for a 48-month period, asserted that, according to Form 22C, the debtor was not required to make any payments to his unsecured creditors under the plan, for lack of any disposable income under 11 U.S.C. § 1325(b)(3). The trustee in bankruptcy objected, arguing that the plan must provide for payments over a 60-month period under 11 U.S.C. § 1325(b)(4)(B).
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Court
:
In re Evinger
Nov
06
2006
Ruling
Trustee's motion for turnover of originally unscheduled assets granted due to debtor's delay in making correction.
Procedural posture
Chapter 7 trustee filed a motion for turnover of unscheduled assets pursuant to 11 U.S.C. § 542(a) and objected to the claimed exemptions in the unscheduled assets.
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Court
:
In re Petty
Feb
10
2006
Ruling
Trustee's objection to plan confirmation was overruled since the debtors'proposed charitable contribution did not exceed the cap of 15 percent of the debtors'gross income.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtors'proposed plan. The basis for the trustee's objection was that the debtors have scheduled monthly charitable contributions, in the form of weekly tithes and offerings to his church, while only paying unsecured creditors approximately one percent of their claims over the life of the plan. The trustee also moved for dismissal of the case pursuant to 11 U.S.C. § 1307.
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Court
:
- 11 U.S.C.
In re Petty
Feb
10
2006
Ruling
Trustee was denied a dismissal request since the trustee failed to show the debtors filed their plan in bad faith.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtors'proposed plan. The basis for the trustee's objection was that the debtors have scheduled monthly charitable contributions, in the form of weekly tithes and offerings to his church, while only paying unsecured creditors approximately one percent of their claims over the life of the plan. The trustee also moved for dismissal of the case pursuant to 11 U.S.C. § 1307.
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Court
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