- 11 U.S.C.
In re Kelvie
Jul
10
2007
Ruling
Debtor could claim deductions for secured debt payments on house and motor home despite intent to surrender.
Procedural posture
The United States Trustee filed a motion to dismiss chapter 7 debtors'case under 11 U.S.C. § 707(b).
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Court
:
- 11 U.S.C.
In re Littman
Jul
06
2007
Ruling
Child support payments were not an allowable expense on Form B22A but did serve to rebut the presumption of abuse.
Procedural posture
The U.S. Trustee filed a motion under 11 U.S.C. § 707(b)(1) contending the granting of chapter 7 relief to debtor would be an abuse and that, unless the case was converted voluntarily to chapter 13, it should be dismissed.
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Court
:
- 11 U.S.C.
In re Meek
Jun
27
2007
Ruling
Confirmation denied due to excess housing expense claimed by above-median debtors.
Procedural posture
The chapter 13 trustee filed objections to confirmation of the above median income debtors'proposed plan, raising issues of debtors'failure to either pay unsecured creditors in full or to pay their "projected disposable income," under 11 U.S.C. § 1325(b)(1)(B), given the discrepancy between the calculations of net monthly amounts shown on Form 22C and on Schedules I and J.
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Court
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Rainsdon v. Long (In re Long)
May
21
2007
Ruling
Car titled in name of debtor's mother to whom debtor made payments was not estate property absent further proof of ownership.
Procedural posture
Plaintiff trustee in bankruptcy filed an adversary proceeding against defendants, a debtor and the debtor's mother, claiming that the debtor possessed a vehicle that was property of the bankruptcy estate. The debtor and her mother denied the claim.
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In re Astle
Mar
22
2007
Ruling
Creditor's attorney could not recover fees pursuant to state statute where underlying claim did not arise under state law.
Procedural posture
The debtors filed for relief under chapter 12. The debtors were allowed, pursuant to 11 U.S.C. § 366(b) to provide adequate assurance that payment of their obligation to the creditor would be made by giving the creditor a first position, postpetition lien in the debtors'dairy herd and milk receivables. The creditor filed a subsequent application for expenses and attorneys'fees under 11 U.S.C. § 506(b).
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Court
:
- 11 U.S.C.
In re Ruckdaschel
Mar
20
2007
Ruling
Case dismissed as filed 187 days after debtors received credit counseling due to delay in obtaining signature of incarcerated debtor due to prison rules.
Procedural posture
The United States Trustee filed a motion to dismiss debtors'chapter 13 case, alleging that debtors were not eligible for bankruptcy relief because they had not completed credit counseling within the 180 days preceding the filing of their petition as required by 11 U.S.C. § 109(h)(1).
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Court
:
- 11 U.S.C.
Tracy v. Tracy (In re Tracy)
Feb
02
2007
Ruling
Debt resulting from post-divorce landlord tenant arrangement between former spouses was dischargeable.
Procedural posture
After plaintiffs, a debtor's former husband and his new spouse, won a state court judgment against defendant debtor, plaintiff husband's ex-wife, on account of debtor's conduct in having taken items from their former marital home, where she was a tenant, plaintiffs sought a ruling excepting that debt from discharge per 11 U.S.C. § 523(a)(15).
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United States Trustee v. Snodgrass (In re Snodgrass)
Jan
23
2007
Ruling
Discharge denied to prisoner debtor who made false oaths and concealed assets from trustee and creditors.
Procedural posture
Debtor was an inmate at a state prison. He filed a pro se chapter 7 petition. In his statement of financial affairs, debtor represented that his social security benefit was paid directly to his two minor children. He did not disclose any additional sources of income. The U.S. Trustee filed an adversary proceeding contending debtor was not entitled to a discharge under 11 U.S.C. § 727(a)(2)(A) and (B) and (a)(4)(A).
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In re Taylor Quality Concrete Inc.
Jan
02
2007
Ruling
Lack of familiarity with requirements for employment as counsel did not justify retroactive approval of late application.
Procedural posture
Chapter 11 debtor requested that its employment of counsel be approved nunc pro tunc to the date the bankruptcy petition was filed.
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Court
:
- 11 U.S.C.
In re Swanson
Dec
21
2006
Ruling
Credit briefing received on the morning of petition date prior to filing satisfied the counseling requirement.
Procedural posture
The chapter 13 trustee objected to the debtor's eligibility to be a debtor under 11 U.S.C. § 109(h). The Trustee noted that the certificate of credit counseling filed by the debtor showed that he received a credit briefing at 8:28 a.m. on the day his petition was filed. The issue was whether such a "same day" briefing satisfied the section 109(h) requirement that the credit briefing be received "preceding the date of filing the petition."
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Court
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