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 Bernales
Jun
19
2006
Ruling
Order was entered against debtor's petition preparers for unauthorized practice of law requiring preparers to disgorge fees paid by debtor, pay fines, and enjoin preparers from preparing petitions in district.
Procedural posture
A pro se bankruptcy debtor's petition was dismissed for failure to file timely required documentation. The bankruptcy court issued orders requiring the debtor's petition preparers, a corporation and its case coordinator, to show cause why preparation fees should not be disgorged and why the preparers should not be enjoined from petition preparation in the district based on unauthorized practice of law.
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Court
:
- 11 U.S.C.
In re Profl Bus. Planning & Research Inc.
Jun
19
2006
Ruling
Relief from stay granted to allow foreclosure of property owned by partnership controlled by debtor.
Procedural posture
Movant judgment creditors sought relief from the automatic stay under 11 U.S.C. § 362 to foreclose by sheriff's sale against real property. Respondent trustee opposed the motion.
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Court
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In re Quevedo
Jun
15
2006
Ruling
Creditor's objection to having only secured portion of claim paid was overruled since section 1325(a)'s hanging paragraph only protected purchase money security interests.
Procedural posture
Creditor had a non-purchase money lien on debtor's vehicle. Debtor's chapter 13 plan proposed to pay the secured portion of the creditor's claim in full. The unsecured portion would not be paid. The creditor objected. The issue before the court was one of first impression: whether the creditor's non-purchase money secured claim should be classified as a fully secured claim under the "hanging paragraph"in amended 11 U.S.C. § 1325(a)
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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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- 11 U.S.C.
Educ. Credit Mgmt. Corp. v. Spence
May
12
2006
Ruling
Court reversed bankruptcy court by ruling that debtor had not met three elements for determining debt dischargeability due to undue hardship.
Procedural posture
Before the court was appellant creditor's appeal of an order of the bankruptcy court, which fully discharged appellee debtor's student loan debt owed to the creditor. The creditor argued that the bankruptcy court erred by discharging the debtor's student loan because she would suffer an undue hardship if required to pay her student loan debt.
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Court
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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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- 11 U.S.C.
In re Castaneda
Apr
28
2006
Ruling
Motion to continue automatic stay was granted since debtor rebutted presumption of bad faith in making second filing.
Procedural posture
The debtor filed a motion to continue the automatic stay as to all creditors beyond the 30th day after the filing of her bankruptcy case pursuant to 11 U.S.C. § 362(c)(3)(B).
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Court
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