- 11 U.S.C.
In re Howlett
Oct
26
2010
Ruling
Debtor could not claim homestead exemption in home in which debtor neither resided nor held legal interest on petition date.
Procedural posture
A chapter 7 debtor claimed as her homestead under Or. Rev. Stat. § 18.395 a distribution from her deceased mother's revocable trust, which owned a home in Oregon. The trustee filed an objection to that claim of exemption and also filed an application to employ an accountant.
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In re Healy
Sep
16
2010
Ruling
Trustee not entitled to maximum compensation in routine cases, regardless of amount of recovery.
Procedural posture
In each of three Chapter 7 cases, in connection with his final accountings, the trustee applied for approval of his compensation seeking the maximum amount allowed under 11 U.S.C.S. § 326(a) based upon the respective amounts to be distributed to creditors.
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Court
:
- 11 U.S.C.
Hopkins v. Suntrust Mortg. Inc.
Sep
16
2010
Ruling
Unauthorized postpetition mortgage secured by property of the estate avoided.
Procedural posture
Pursuant to 11 U.S.C.S. § 549, plaintiff chapter 7 trustee commenced an adversary proceeding against defendant mortgagee to avoid a newly granted mortgage to the debtors as an unauthorized post-petition transfer of property of the bankruptcy estate.
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:
- 11 U.S.C.
In re Hall
Aug
31
2010
Ruling
Plan modified to reflect lump sum Social Security Disability Income benefit to debtor spouse.
Procedural posture
After debtors' Chapter 13 plan was confirmed, the trustee made a motion to modify the plan based on an award of Social Security Disability Income (SSDI) benefits to debtor wife. The award consisted of a lump sum award and monthly payments to the wife and her two dependent children. Debtors objected to the trustee's motion.
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Court
:
- 11 U.S.C.
In re Idacrest Farms Inc.
Jul
26
2010
Ruling
Late filed proof of claim in chapter 12 case by creditor to whom debtor sent notice was disallowed.
Procedural posture
Debtor filed a petition under chapter 12, and a trustee was appointed to administer the debtor's bankruptcy estate. A creditor filed a proof of claim against the debtor's bankruptcy estate, and the trustee filed an objection to the creditor's proof of claim, alleging that it was untimely. The creditor filed a motion requesting treatment under 11 U.S.C.S. § 726(a)(2)(C) or in the alternative, equitable relief.
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In re Martinez
May
25
2010
Ruling
Second mortgage could not be stripped where valuation of property showed sufficient equity to fully secured the loan.
Procedural posture
Debtors filed a proposed Second Amended Plan. Both the trustee and a creditor objected to confirmation. Debtors moved the court to determine that the creditor's second mortgage on debtors' real property had no allowed secured value, was wholly unsecured, and should be treated as an unsecured, non-priority creditor/claim under debtors' plan. Debtors also moved to "strip" the creditor's lien arising from the second mortgage. The creditor objected.
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Court
:
- 11 U.S.C.
In re Antoine
Apr
30
2010
Ruling
Debtor could not exempt interest in jointly owned mobile home.
Procedural posture
The debtor claimed an exemption in a mobile home pursuant to 11 U.S.C.S. § 522(b)(3)(B), the trustee filed an objection to the exemption.
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:
- 11 U.S.C.
In re Gray-Bailey
Apr
29
2010
Ruling
Confirmation of chapter 12 plan that did not propose to pay secured creditor's claim denied due to failure to provide for surrender of ranch property.
Procedural posture
A bankruptcy debtor proposed a chapter 12 plan which provided that the debtor would remain in possession of the debtor's ranch property, pay rent, and continue to market the property during the period of redemption after an anticipated foreclosure sale of the property. A creditor secured by the property objected to confirmation of the debtor's plan.
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:
- 11 U.S.C.
In re Marriott
Apr
26
2010
Ruling
Debtor entitled to state homestead exemption in proceeds of sale where equitable tolling applied to one-year reinstatement requirement.
Procedural posture
A chapter 7 debtor claimed the proceeds from the sale of his marital homestead as exempt under Idaho Code Ann. §§ 55-1008 and 11-604(1)(b). The trustee objected to the debtor's claim.
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Court
:
- 11 U.S.C.
In re Kearns
Mar
30
2010
Ruling
Presentment of debtor's post-dated check did not violate stay.
Procedural posture
Debtor filed a Motion for Determination of Contempt, in which he alleged one of his creditors violated the automatic stay in effect in his bankruptcy case. Debtor sought recovery of damages from the creditor as a sanction pursuant to 11 U.S.C.S. §§ 362(k)(1), 105(a). The creditor objected to the motion.
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Court
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