- 11 U.S.C.
In re Grimmett
Mar
24
2010
Ruling
Debtor entitled to state exemption for reasonably necessary alimony payments.
Procedural posture
A chapter 7 debtor claimed an exemption in certain payments that she was entitled to receive under an agreement with her former spouse as alimony under Idaho Code Ann. § 11- 604(1). A trustee objected to the exemption claim.
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- 11 U.S.C.
In re Capps
Mar
08
2010
Ruling
Reasonable fees of auctioneer approved.
Procedural posture
An auctioneer filed an amended application for compensation pursuant to 11 U.S.C.S. § 330 and Fed. R. Bankr. P. 2016. A chapter 7 trustee filed a declaration in support of the application.
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:
- 11 U.S.C.
In re Hendricks
Mar
01
2010
Ruling
Statutory lien created upon debtor's application for medical financial assistance could not be avoided.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer her bankruptcy estate. The debtor filed a motion for an order avoiding a lien which Bingham County, Idaho, placed on real property she owned, pursuant to Idaho Code Ann. § 31-3504, after she asked the County to pay the cost of medical treatment she received. The County opposed the motion.
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In re Lettunich
Feb
08
2010
Ruling
Individual who worked for chapter 12 debtor allowed a priority administrative expense for services on truck and work performed during pendency of case.
Procedural posture
On October 23, 2009, an individual (claimant) filed a letter with the court in which he sought assistance "getting (his) back wages." The court treated the letter as a motion for allowance of administrative expenses. The chapter 7 trustee objected to the motion. Then, on November 30, 2009, the claimant filed a second letter to the court in which he revised his earlier request. The court took the issues under advisement following a hearing.
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In re Urwin
Feb
02
2010
Ruling
Debtor entitled to actual damages for creditor attorney's stay violation but not damages for emotional distress.
Procedural posture
Chapter 7 debtor filed a motion seeking damages attributable to a willful violation of the automatic stay under 11 U.S.C.S. § 362(a) allegedly committed by one of her creditors, an attorney who sought legal fees. The debtor also sought emotional distress or punitive damages under 11 U.S.C.S. § 362(k).
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:
- 11 U.S.C.
In re Amidon
Feb
02
2010
Ruling
Debtors could not deduct mortgage payments on home intended for surrender from monthly disposable income.
Procedural posture
A chapter 13 trustee objected to confirmation of the debtors' proposed plan. The parties agreed that before the other confirmation issues could be addressed, one threshold question had to be resolved: whether, in calculating the debtors' monthly disposable income, they could deduct certain mortgage expenses on a home that they intended to surrender pursuant to 11 U.S.C.S. § 1325(a)(5)(C).
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King v. Lough
Jan
15
2010
Ruling
Debts held nondischargeable only to extent substantiated by creditor.
Procedural posture
Plaintiff creditor initiated this adversary proceeding seeking a determination that certain debts owed to him by defendant debtors should be excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(2), (a)(4), (a)(6). The matter was pending decision following a trial.
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Rainsdom v. Garcia (In re Garcia)
Jan
09
2010
Ruling
Transfer of title less than 90 days prior to petition date was preferential.
Procedural posture
Trustee filed an adversary proceeding against defendant transferees, seeking a determination that he could avoid a transfer of title which two debtors made to two transferees less than 90 days before the debtors declared chapter 7 bankruptcy. In a prior ruling, the court granted summary judgment in favor of the transferees on all claims except the trustee's claim that the transfer was a preferential transfer under 11 U.S.C.S. § 547(b).
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:
- 11 U.S.C.
Leff v. Herrera (In re Herrera)
Jan
05
2010
Ruling
Additional reporting obligation placed on mortgagees as part of plan were not impermissible modifications.
Procedural posture
Appellee debtors filed separate petitions under chapter 13 of the Bankruptcy Code, and appellant mortgagees filed objections to plans the debtors proposed, claiming that the debtors' use of Bankr. C.D. Cal. Form 3015-1.1A violated the Real Estate Settlement Procedures Act (RESPA) and 11 U.S.C.S. § 1322(b)(2). The U.S. Bankruptcy Court for the Central District of California confirmed the debtors' plans, and the mortgagees appealed.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Wood v. Loader (In re Loader)
Sep
28
2009
Ruling
Personal injury judgment for conduct that was reckless but not "willful" was dischargeable.
Procedural posture
Defendant debtor filed a petition for relief under chapter 7. Plaintiff judgment creditor filed a proof of claim in the bankruptcy case for $ 223,209 based upon a state court money judgment and argued that this debt should be excepted from discharge under 11 U.S.C.S. §§ 523(a)(6) and (a)(9)
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