In re Lloyd
Dec
18
2007
Ruling
Chapter 7 case reopened upon recovery of prepetition unpaid earnings and converted to chapter 13 with opportunity for filing proofs of claim regardless of prior discharge.
Procedural posture
The debtor received a discharge under chapter 7. Almost six years after that case was closed, the debtor filed a motion to reopen the case, reporting that the debtor has been awarded a monetary recovery which included unpaid earnings during the period that preceded the filing of his bankruptcy case. The court granted the motion to reopen. The debtor then moved to convert the case to a case under chapter 13.
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Court
:
McCarthy v. BMW Bankr. of N. Am.
Nov
23
2007
Ruling
Security interest not perfected in timely manner could be avoided.
Procedural posture
In an adversary proceeding, pro se appellant chapter 7 trustee appealed the District Court for the District of Columbia's affirmation of a bankruptcy judge's finding that a bank had perfected its security interest in the sole asset of the estate outside the 90-day period of 11 U.S.C. 547 since, under District of Columbia (District) common law, a prior lien gave a prior legal right except where statute varied the common law rule.
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Court
:
Judge or Jurisdiction information not available
In re Johnson
Oct
11
2007
Ruling
Case dismissed due to incarcerated debtor's failure to obtain credit counseling.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the bankruptcy case based the debtor's failure to obtain credit counseling as required by 11 U.S.C. § 109(h).
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Court
:
- 11 U.S.C.
In re Briscoe
Sep
04
2007
Ruling
Debtor was entitled to full housing expense based on IRS standards regardless of actual expense and IRS manual was not applicable.
Procedural posture
A bankruptcy debtor proposed a chapter 13 plan which provided for payment of the debtor's projected disposable income to unsecured creditors, which was calculated under 11 U.S.C. § 1325(b)(3) using a housing expense based on uniform IRS standards rather than the debtor's lower actual expense. The bankruptcy trustee objected to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
In re Bond
Aug
06
2007
Ruling
Disapproval of reaffirmation agreement did not trigger automatic termination of stay.
Procedural posture
The debtor filed for relief under chapter 7. The creditor filed a motion for approval of a reaffirmation agreement or in the alternative an entry of an order confirming termination of the automatic stay.
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Court
:
- 28 U.S.C.
In re Barnes
Jul
01
2007
Ruling
Bank's claim for breach of postpetition claim settlement agreement was contractual and was not related to debtor's bankruptcy.
Procedural posture
A bank filed a motion for permission to examine a debtor under Fed. R. Bankr. P. 2004.
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Court
:
- FRBP
In re House of Wines Inc.
Jun
26
2007
Ruling
Claim that did not set forth basis for treatment as prepetition claim was not entitled to presumption of validity.
Procedural posture
Chapter 7 trustee filed an objection to the proof of claim filed by creditor.
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Court
:
- 11 U.S.C.
Webster v. Fujitsu Consulting Inc. (In re NETtel Corporation Inc.)
May
22
2007
Ruling
Preference period payments to vendor were consistent with prior practice and with industry standards and coverd by "ordinary course"defense.
Procedural posture
Plaintiff chapter 7 trustee initiated an adversary proceeding to avoid and recover two transfers made by debtor, as a result of cash infusions, to defendant vendor pursuant to 11 U.S.C. §§ 547 (amended 2005) and 550. Pending were cross-motions for summary judgment.
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Court
:
United States v. Naegele
Apr
18
2007
Ruling
False sworn statements by debtor's attorney that were never filed with the court were not grounds for perjury charge.
Procedural posture
Defendant, an attorney licensed to practice law in California and the District of Columbia, moved to dismiss Count 7 of an indictment, which charged him with making false declarations or statements under penalty of perjury with respect to documents he filed in a chapter 7 petition in bankruptcy court in violation of 18 U.S.C. § 152(3).
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Court
:
In re Barbaran
Mar
29
2007
Ruling
Credit counseling obtained on the petition date prior to filing satisfied requirements.
Procedural posture
Chapter 7 trustee filed a motion to dismiss debtor's case on the grounds that debtor, who obtained a credit counseling agency briefing on the day of, but prior to the time of, the filing of the petition that commenced the bankruptcy case, did not comply with 11 U.S.C. § 109(h).
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Court
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