- 11 U.S.C.
In re Stansell
Oct
16
2008
Ruling
Length of chapter 13 debtor's commitment period would depend on prepetition contributions by debtor's spouse who died one month prior to petition date.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code about one month after his wife passed away. The debtor proposed a plan for three years, based on his income. The trustee objected to the plan, claiming that under 11 U.S.C.S. § 1325, the debtor was required to include his deceased spouse's income and was thus required to propose a plan for five years.
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Court
:
In re Irving
Sep
08
2008
Ruling
Case ordered dismissed if debtor did not produce evidence to support confirmation of plan where good faith was at issue.
Procedural posture
The debtor filed for relief under chapter 13 of the United States Bankruptcy Code and submitted a proposed plan. A chapter 13 trustee filed a motion to dismiss the case, pursuant to 11 U.S.C.S. § 1307(c). The court issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re Courtney
Sep
03
2008
Ruling
Motion to approve settlement of preference proceeding denied where trustee would likely succeed on the merits to the greater benefit of the estate.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee sought approval to compromise a preferential transfer proceeding that the trustee had brought against a credit card company.
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Court
:
In re Taylor
Jul
25
2008
Ruling
Guarantees were noncontingent liquidated debts causing debtor to exceed chapter 13 limits.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed a motion to dismiss the debtors' case, claiming that the debtors were not eligible for Chapter 13 relief because their noncontingent, liquidated debts exceeded the debt limits allowed by 11 U.S.C.S. § 109(e).
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Court
:
- 11 U.S.C.
In re Kahl
Jul
24
2008
Ruling
Conversion to chapter 11 approved based on potential return to creditors despite incomplete schedules and disclosures.
Procedural posture
A debtor originally filed for relief under chapter 7 of the Bankruptcy Code, and filed a motion to convert the case to a chapter 13 proceeding. A chapter 7 trustee objected to the proposed conversion because the trustee contended that the debtor had failed to disclose important information in the schedules that he filed.
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Court
:
Krommenhoek v. Bankruptcy Estate of Pfankuch Food Servs. Inc. (In re Pfankuch)
Jul
15
2008
Ruling
Avoidable past due rent was properly turned over to estate of chapter 13 parent company that made payment on behalf of chapter 7 lessee.
Procedural posture
Plaintiff chapter 13 trustee and defendant chapter 7 trustee each filed motions for summary judgment in the chapter 13 trustee's action, seeking to obtain a declaratory judgment that monies paid by a lessor to the chapter 7 trustee constituted property of the chapter 13 bankruptcy estate, and not that of the chapter 7 bankruptcy estate, and requiring that the chapter 7 trustee turn over those funds to the chapter 13 trustee.
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Court
:
- 11 U.S.C.
In re Valley Club Homes LLC
Jul
15
2008
Ruling
Creditor could not compel assumption or rejection where contract was not executory as creditor had completed performance.
Procedural posture
Creditor filed a motion to compel the debtor to assume or reject an executory contract. The debtor was a home builder which contracted with the creditor to use the creditor's existing water delivery system as a means to deliver water to its various building lots.
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Court
:
- 11 U.S.C.
Carlson-Callow v. Sallie Mae Servicing (In re Carlson-Callow)
Jun
06
2008
Ruling
Partial discharge of student loan debt granted.
Procedural posture
Chapter 7 debtor contended that excepting her student loans in the amount of approximately $ 89,000 from discharge in her bankruptcy case would subject her to undue hardship, within the meaning of 11 U.S.C.S. § 523(a)(8). Defendant student loan creditor opposed the request.
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Court
:
- 11 U.S.C.
In re Dales Serv. Inc.
May
27
2008
Ruling
Prepetition attorneys' fees owed by debtor who ultimately proceeded pro se were dischargeable where attorney did not object to plan confirmation.
Procedural posture
A debtor filed for relief under chapter 11 of the Bankruptcy Code, initially without representation from an attorney. The attorney subsequently filed an application for allowance of attorney's fees and a motion for a limited order authorizing employment for the period from August 22, 2007 through September 18, 2007. The United States Trustee objected to the application and the motion.
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Court
:
Rainsdon v. Farson (In re Farson)
Apr
03
2008
Ruling
Transfers within one year of petition outside of 98 day preference period to creditor who later married debtor were not avoidable due to difficulty of establishing when creditor achieved "insider" status.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, the bankruptcy debtor and a creditor who was now the debtor's spouse, alleging that payments from the debtor to the creditor for a vehicle were preferential under 11 U.S.C.S. § 547(b), that the debtor improperly claimed an exemption in the vehicle.
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Court
: