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District of montana

Smith v. Bunitsky (In re Bunitsky)

Jan
23
2007
Ruling
Support obligation was not terminated in prior bankruptcy in which debtor did not seek determination of dischargeability.
Procedural posture

Plaintiff former wife sought an exception from the discharge of chapter 7 debtor, her former spouse, for her claim under 11 U.S.C. § 523(a)(5) as alimony, maintenance, or support in connection with their divorce decree, separation agreement, and settlement, plus attorney's fees and costs.

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opinion summary, case decided on January 23, 2007 , LexisNexis #0307-061
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In re Johnson

Jan
23
2007
Ruling
Post-discharge proceeds of disclosed class action lawsuit technically abandoned by trustee were not subject to turnover.
Procedural posture

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.

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opinion summary, case decided on January 23, 2007 , LexisNexis #0307-065
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In re Tuss

Jan
05
2007
Ruling
Unnecessary fast food and restaurant expenses caused debtor's plan to fail disposable income test.
Procedural posture

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.

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opinion summary, case decided on January 05, 2007 , LexisNexis #0307-048
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In re Tranmer

Nov
16
2006
Ruling
Confirmation denied due to monthly charitable contribution not necessary for debtor's employment.
Procedural posture

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).

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opinion summary, case decided on November 16, 2006 , LexisNexis #0107-083
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In re Detienne Assocs. L.P.

Feb
13
2006
Ruling
Court granted creditor's motion to dismiss debtor's chapter 11 case since debtor filed solely to invoke stay and delay foreclosure.
Procedural posture

Movant creditor filed a motion, pursuant to 11 U.S.C. § 1112(b), to dismiss respondent debtor's chapter 11 case.

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opinion summary, case decided on February 13, 2006 , LexisNexis #0806-101
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