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District of idaho

Pratt, In re

Ruling
Court found that it was appropriate to modify the debtors' Chapter 13 plan to increase planpayments to account for car insurance, fuel and maintenance and increased HSA contribution.(Bankr. D. Idaho)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed; Increase or

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Consumer opinion summary, case decided on January 23, 2023 , LexisNexis #0323-075

Thomason, In re

Ruling
Certification of a direct appeal in either of two Chapter 13 cases denied as the debtor’sdispleasure with the orders of the district court did not support certification. (Bankr. D. Idaho)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals.

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Consumer opinion summary, case decided on January 03, 2023 , LexisNexis #0323-018

Espino, In re--Hopkins v. Martinez

Ruling
Chapter 7 trustee could not exercise his strong-arm powers to avoid defendant's interest in thehouse as defendant was in open possession and bona fide purchaser could not merely rely onthe record. (Bankr. D. Idaho)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Consumer opinion summary, case decided on December 06, 2022 , LexisNexis #0223-012

Thomason, In re

Ruling
Extension of the automatic stay was not appropriate as debtor had not demonstrated by clearand convincing evidence that the second bankruptcy case was filed in good faith. (Bankr. D.Idaho)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

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Consumer opinion summary, case decided on December 06, 2022 , LexisNexis #0223-001

Gordon, In re

Ruling
Creditor was granted relief from the automatic stay to permit the parties to liquidate thecreditor's claims in federal district court as abstention was appropriate based on judicialeconomy. (Bankr. D. Idaho)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on November 10, 2022 , LexisNexis #0123-54

Jardine, In re

Ruling
Creditor had an allowed, nondischargeable claim as the creditor provided sufficient evidencethat debtor owed unpaid child support and unpaid medical expenses. (Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on November 01, 2022 , LexisNexis #0123-013

Nebeker, In re--Packaging Sys., LLC v. Nebeker

Ruling
Debt owed to debtor's employer and its parent company was nondischargeable based onembezzlement. (Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 23, 2022 , LexisNexis #1122-082

Garner, In re--Gout v. Garner

Ruling
Debt was dischargeable where there was no evidence defendant knew his representations thathe would marry creditor if she loaned him money were false when he made them. (Bankr. D.Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on August 12, 2022 , LexisNexis #1022-029

Thomason, In re

Ruling
Case dismissed as each of debtor’s proposed Chapter 13 plans failed to comply with thebankruptcy code and debtor did not propose a confirmable plan even after the court providedclarity in the case. (Bankr. D. Idaho)
Issue(s)
Relief From Judgment or Order.

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Consumer opinion summary, case decided on August 05, 2022 , LexisNexis #1022-023

Poole, In re

Ruling
Attorney sanctioned and ordered to disgorge fees as he failed to represent the debtor at themeeting of creditors and there was a clear and consistent pattern of violating the bankruptcycode. (Bankr. D. Idaho)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions.

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Consumer opinion summary, case decided on August 03, 2022 , LexisNexis #0922-065