- 11 U.S.C.
Cox v. Beneficial Neb. Inc. (In re Cox)
Apr
09
2007
Ruling
Debtors could strip of wholly unsecured lien on real property pursuant to chapter 13 plan.
Procedural posture
The debtors filed a motion to determine the status of the automatic stay in their chapter 13 bankruptcy case.
ABI Membership is required to access the full summary of Cox v. Beneficial Neb. Inc. (In re Cox) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Merritt
Apr
09
2007
Ruling
Reaffirmation agreement approved as meeting requirements despite being filed more than one year post-discharge.
Procedural posture
A creditor filed a chapter 7 debtor's reaffirmation agreement as to a motor vehicle financed with the creditor.
ABI Membership is required to access the full summary of In re Merritt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re White
Apr
09
2007
Ruling
Hanging paragraph did not allow debtors to surrender vehicle in full satisfaction of secured claim.
Procedural posture
Objector, a secured creditor, asserted an objection to a plan proposed by chapter 13 debtors pursuant to which they sought to surrender the vehicle that secured the claim to the creditor in full satisfaction thereof without regard to any possible deficiency. At issue was whether debtors were entitled, pursuant to the "hanging paragraph" in 11 U.S.C. § 1325(a), to surrender the vehicle without making provision for payment of any deficiency.
ABI Membership is required to access the full summary of In re White Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Republic Credit Corp. I v. Boyer (In re Boyer)
Apr
09
2007
Ruling
Debtor's failure to list property transferred to spousefor estate planning purposes twelve years prior to filing was not grounds for denial of discharge.
Procedural posture
Defendant chapter 7 debtor filed a motion to dismiss plaintiff creditor's complaint, which sought to deny the debtor's discharge pursuant to 11 U.S.C. § 727(a).
ABI Membership is required to access the full summary of Republic Credit Corp. I v. Boyer (In re Boyer) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re McNeeley
Apr
09
2007
Ruling
Plan proposing retention of houseboat in which there was no equity while paying unsecured creditors less than eight percent of total claims was not proposed in good faith.
Procedural posture
Creditor sought relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(2). Creditor and trustee objected to confirmation of chapter 13 debtors'proposed plan.
ABI Membership is required to access the full summary of In re McNeeley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Stevens
Apr
09
2007
Ruling
Where multiple vehicles served as collateral, debtor required to either pay portion representing purchase money security interest in full or surrender one vehicle in full satisfaction of claim.
Procedural posture
A creditor objected to confirmation of a chapter 13 plan, arguing debtor was trying to cram-down its claim in violation of the "hanging paragraph" following 11 U.S.C. § 1325(a)(9). Regarding the "hanging paragraph,"the issue raised here was whether, when multiple vehicles served as collateral, a debtor could retain one vehicle and pay the portion of the loan attributable to that vehicle in full while surrendering the remaining collateral.
ABI Membership is required to access the full summary of In re Stevens Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Duncan & Forbes Dev. Inc.
Apr
06
2007
Ruling
Prepetition transfer of property subject to delinquent loan from debtor's principal to debtor was not part of a scheme to hinder and delay creditor.
Procedural posture
A creditor moved for relief from the automatic bankruptcy stay pursuant to 11 U.S.C. § 362(d)(4), alleging that a transfer of real property from a principal of a corporate bankruptcy debtor to the debtor constituted a scheme to hinder, delay, and defraud the creditor which was secured by the property.
ABI Membership is required to access the full summary of In re Duncan & Forbes Dev. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re McCarson
Apr
06
2007
Ruling
Discharge revoked for bad faith on motion of debtor's mother who did not receive notice and was not listed in schedules.
Procedural posture
Defendant debtor had filed for relief under chapter 7 and had received a discharge. Plaintiff, the debtor's mother, filed an action to revoke the bankruptcy discharge previously granted to the debtor, because the mother had obtained a pre-discharge judgment and a judgment lien in state court against the debtor in the amount of $28,416.
ABI Membership is required to access the full summary of In re McCarson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Benson v. Dunbar (In re Dunbar)
Apr
05
2007
Ruling
Civil judgment for damages from criminal battery was nondischargeable.
Procedural posture
Plaintiff judgment creditor filed an action against defendant debtor, alleging that a default judgment awarded to her by an Illinois state court was not dischargeable pursuant to 11 U.S.C. § 523(a)(6) because the predicate injury was willful and malicious. The debtor had pled guilty to criminal battery for causing the creditor's injury. The court made findings of fact and conclusions of law.
ABI Membership is required to access the full summary of Benson v. Dunbar (In re Dunbar) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Speth v. Associates in Womens Health P.A. (In re Stevens)
Apr
05
2007
Ruling
Payments by debtor to professional association of which it was an officer, employee and shareholder were made to an insider and avoidable.
Procedural posture
Plaintiff chapter 7 trustee filed an action against defendant, a professional association ("PA"), alleging that the PA was an insider of one of the debtors and that the PA had received preferential transfers from the debtor. The PA sought summary judgment.
ABI Membership is required to access the full summary of Speth v. Associates in Womens Health P.A. (In re Stevens) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: