Judge Kirscher

In re Johnson

Plaintiff chapter 7 trustee moved for an order requiring a sum of money received by defendant debtors on account of their participation in a class action lawsuit, which sum was paid to them subsequent to the closing of their chapter 7 case. Debtors objected to turnover, arguing that the asset had been abandoned as per 11 U.S.C. § 554(c) and that the trustee had no right thereto.
Ruling: 
Post-discharge proceeds of disclosed class action lawsuit technically abandoned by trustee were not subject to turnover.
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In re Tuss

Pending in the chapter 13 bankruptcy was confirmation of debtor's chapter 13 plan and the trustee's objections thereto based upon the "disposable income" test of 11 U.S.C. § 1325(b)(1)(B) and , by reference, 11 U.S.C. § 707(b)(2). The trustee objected that debtor's food, clothing, and personal care expenses exceeded the local standards issued by the IRS.
Ruling: 
Unnecessary fast food and restaurant expenses caused debtor's plan to fail disposable income test.
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In re Tranmer

Pending in the chapter 13 bankruptcy was confirmation of debtors'chapter 13 plan and the trustee's objections thereto based upon the "disposable income" test of 11 U.S.C. § 1325(b)(1)(B) and , by reference, 11 U.S.C. § 707(b)(2)(A)(ii).
Ruling: 
Confirmation denied due to monthly charitable contribution not necessary for debtor's employment.
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In re Gordon-Brown

Debtor filed an objection to the amended proof of claim filed by creditor. The creditor filed the claim as a secured claim in its capacity as servicer of the mortgage on the debtor's residential real estate. In the objection, the debtor challenged certain legal expenses which were set forth in the proof of claim's itemization of the prepetition mortgage arrears.
Ruling: 
Court reduced certain legal expenses set forth in creditor's proof of claim after applying "lodestar" method to determine reasonable fee amount.
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In re Detienne Assocs. L.P.

Movant creditor filed a motion, pursuant to 11 U.S.C. § 1112(b), to dismiss respondent debtor's chapter 11 case.
Ruling: 
Court granted creditor's motion to dismiss debtor's chapter 11 case since debtor filed solely to invoke stay and delay foreclosure.
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