- 11 U.S.C.
In re Gould
Jun
13
2008
Ruling
IRS denied modification of stay and not permitted to offset debtor's unpaid tax liabilities against refunds.
Procedural posture
The United States of America, for itself and on behalf of the Internal Revenue Service ("IRS), filed a motion to modify the automatic stay of 11 U.S.C.S. § 362 to permit it to offset, pursuant to 11 U.S.C.S. § 553, pre-petition income tax liabilities owed by the debtor against pre- petition income tax refunds.
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Court
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In re Roby
Jun
09
2008
Ruling
Late proof of claim allowed over debtor's objection in absence of prejudice.
Procedural posture
A debtor in a chapter 11 bankruptcy case filed an amended objection to a creditor's claim to the proceeds of the sale of the debtor's property.
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Court
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- 11 U.S.C.
In re Morales
May
08
2008
Ruling
Redemption value of vehicle set at Blue Book value on date of hearing.
Procedural posture
Debtor moved for authority to redeem personal property and approval of associated financing under 11 U.S.C.S. § 722. The matter was before the court to determine the appropriate method for calculating the replacement value of a vehicle under the retail value standard of the second sentence of 11 U.S.C.S. § 506(a)(2).
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Court
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- 11 U.S.C.
In re Comstock
Apr
30
2008
Ruling
Case was not presumptively abusive where second vehicle in question was necessary for commuting as older vehicle was unreliable.
Procedural posture
The United States Trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C.S. § 707(b)(2) on the grounds that the filing was presumptively abusive. The sole remaining issue for the court to decide was whether the debtor's second automobile was necessary for the production of income or her health and welfare.
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Court
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- 11 U.S.C.
In re Sanchez
Apr
23
2008
Ruling
Request to reopen no-asset case to include omitted creditors denied since there would be no resulting change to state of affairs.
Procedural posture
A pro se debtor filed an ex parte request to reopen a bankruptcy case to schedule an omitted debt.
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Court
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White v. Brown (In re White)
Apr
22
2008
Ruling
Bankruptcy court did not err in ordering turnover of proceeds of sale of debtor's homestead.
Procedural posture
Debtor challenged an order from the Bankruptcy Court for the District of Arizona, which ordered the turnover of the proceeds from the sale of his Arizona homestead under 11 U.S.C.S. § 542(a).
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Court
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Judge or Jurisdiction information not available
- FRBP
Stasz vv. Gonzalez (In re Stasz)
Apr
15
2008
Ruling
Debtor sanctioned for failure to appear at hearing or produce documents.
Procedural posture
Appellant debtor challenged an order from the Bankruptcy Court for the Central District of California, which granted the motion of appellee trustee and found the debtor in civil contempt after she failed to appear and produce documents at a Fed. R. Bankr. P. 2004 examination. The bankruptcy court imposed sanctions against the debtor.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Sandifer
Apr
14
2008
Ruling
Filing by above median debtors living frugally in order to continue funding retirement accounts was not abusive.
Procedural posture
The U.S. Trustee asked the court to dismiss the chapter 7 case filed by debtors, a married couple, on the ground that debtors, by continuing to fund retirement accounts, had shown that their chapter 7 filing was abusive within the meaning of 11 U.S.C.S. 707(b)(3)(B).
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Court
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Betta Prod. v. Distribution Sys. & Serv. (In re Betta Prod.)
Apr
11
2008
Ruling
Warehouse was not liable for conversion of inventory, treated as cash collateral, where debtor continued to sell the inventory after abandonment.
Procedural posture
Debtor, a seller of paper and party products, filed an adversary proceeding against defendant warehouse, asserting that the warehouse negligently performed its duties under a contract and converted its inventory. The debtor sought damages for alleged shortfalls of inventory.
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Court
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In re Zamani
Apr
07
2008
Ruling
Creditor not entitled to default rate of interest where not specified in original contract.
Procedural posture
The debtor proposed a plan of reorganization that would cure or pay off three promissory notes held by the secured creditor bank. Because the debt to the creditor was over- secured, it is entitled to recover interest on its claims under 11 U.S.C.S. § 1124(2). The parties disagreed, however, whether the bank was entitled to recover interest at default rate under its agreements with the debtor, or must be satisfied with interest at the basic rate.
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Court
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