- 11 U.S.C.
In re Ly Chang
Oct
16
2007
Ruling
Debtor could deduct payments on debt secured b residence despite postpetition surrender.
Procedural posture
Before the court was the motion of the U.S. Trustee ("UST") to dismiss the bankruptcy case of debtor under 11 U.S.C. § 707(b)(1) as an abuse of the provisions of chapter 7.
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Court
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- 11 U.S.C.
In re Burt
Oct
09
2007
Ruling
Attorney's $200,000 flat fee disallowed.
Procedural posture
The chapter 7 trustee objected to the allowance of the claim of an attorney for the debtor.
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Court
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Sramek v. Jacobsen (In re REJ Props.)
Oct
05
2007
Ruling
Attorney's reliance on another attorney's opinion did not allow avoidance of responsibility for frivolous filing.
Procedural posture
Plaintiff creditors filed a motion for sanctions pursuant to Fed. R. Bankr. P. 9011 against counsel for defendant debtor. The creditors alleged that counsel filed the debtor's chapter 11 petition frivolously and for an improper purpose.
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Court
:
- 11 U.S.C.
In re Rains
Oct
02
2007
Ruling
Above-median debtors not allowed fixed allowance of any expense in excess of reasonably necessary actual expenses.
Procedural posture
A creditor filed an objection to confirmation of a chapter 13 plan filed by debtors. The creditor asserted that the proposed plan did not dedicate all of the debtors' projected disposable income to the plan as required by 11 U.S.C. § 1325(b)(1)(B).
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Court
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In re Hartley
Oct
01
2007
Ruling
Reopening of no asset, no bar date case to include creditors with postpetion claims not necessary as such claims would not be discharged.
Procedural posture
The debtors filed an ex parte motion to reopen their chapter 7 case without payment of the filing fee to reopen.
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Court
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In re Watson
Sep
27
2007
Ruling
Inclusion of trade-in negative equity in car loan did not defeat creditor's purchase money security interest or allow 506(a) valuation.
Procedural posture
Debtor, an individual who filed a chapter 13, asked the court to value the collateral of claimant, a creditor who had financed a new car that had been purchased by debtor within 910 days prior to the date on which the chapter 13 was filed.
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Court
:
- 11 U.S.C.
In re Bateman
Sep
21
2007
Ruling
Objection to plan sustained where debtor failed to devote all projected disposable income as declared on schedules.
Procedural posture
A chapter 13 trustee filed an objection to the confirmation of a plan filed by a debtor, alleging that the proposed plan did not dedicate all of the debtor's projected disposable income to the plan in accordance with 11 U.S.C. § 1325(b)(1)(B).
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Court
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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
:
- 11 U.S.C.
In re Vantage.com
Sep
13
2007
Ruling
Organic vegetable grower's case ordered converted to chapter 7 on grounds of bad faith.
Procedural posture
A debtor petitioned for relief under chapter 12 and submitted a plan of reorganization. Three creditors objected to the plan, and one of the creditors filed a motion for dismissal, conversion, or removal of the debtor as a debtor in possession.
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Court
:
Clements v. Davis-Rice (In re Davis-Rice)
Aug
31
2007
Ruling
Debtor's admitted fraud and larceny were willful and malicious and resulted in nondischargeable debt.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A), (4) and (6). The creditor moved for summary judgment, contending that she was entitled to summary judgment under each of the subsections as a matter of collateral estoppel. The debtor also moved for summary judgment.
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Court
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