Consumer

In re Jemison

Four chapter 13 cases came before the court for plan confirmation. The court, sua sponte, raised the issue of whether confirmation should be denied because a provision in each plan purported to postpone the re-vesting in the debtor of all property of the estate until the case is dismissed, converted, or closed violated 11 U.S.C. § 1325(a)(1) and (3).
Ruling: 
Plan approved but for any provisions calling for estate to retain more property than necessary for plan completion.
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Consumer case opionion summary, case decided on September 06,2007, LexisNexis #1007-093

In re Warren

A debtor filed for relief under chapter 13 and submitted a proposed plan. A chapter 13 trustee objected, claiming that the proposed plan did not satisfy the "projected disposable income test" of 11 U.S.C. § 1325(b)(1).
Ruling: 
Debtor rebutted presumption of projected disposable income as calculated on Form 22C by demonstrating future reduction in income.
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Consumer case opionion summary, case decided on September 06,2007, LexisNexis #1007-130

In re Megginson

The U.S. Trustee filed a motion to dismiss an above-median income debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(2).
Ruling: 
Debtor entitled to deduct full IRS transportation expense despite lack of car payments
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Consumer case opionion summary, case decided on September 05,2007, LexisNexis #1007-118

In re Jones

Chapter 13 debtor filed an objection to a proof of claim filed by the IRS.
Ruling: 
IRS could not be forced to add postpetition tax liability to proof of claim for prepetition liabilities.
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Consumer case opionion summary, case decided on September 04,2007, LexisNexis #0108-033

Goodman v. Southern Horizon Bank (In re Norsworthy)

Plaintiff, a chapter 13 trustee, filed a renewed motion for summary judgment against defendant bank seeking to avoid the transfer of an interest in property of the debtor pursuant to 11 U.S.C. § 547(b).
Ruling: 
Transfer of security interest avoided where examination of filed claims showed transferee stood to recover more as secured than as unsecured creditor.
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Consumer case opionion summary, case decided on September 04,2007, LexisNexis #1207-078

United States Trustee v. Williams (In re Williams)

Plaintiff United States Trustee filed a complaint against defendant debtor alleging that the debtor should be denied a discharge pursuant to 11 U.S.C. § 727(a)(2) based on her failure to comply with instructions from the chapter 7 trustee.
Ruling: 
Debtor could not be denied discharge for noncompliance with instructions from chapter 7 trustee where conversation was subject to two valid interpretations.
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Consumer case opionion summary, case decided on August 30,2007, LexisNexis #0108-029

Drummond v. Urban (In re Urban)

Appellant, the chapter 13 trustee, challenged a final order of the Bankruptcy Court for the District of Montana, that rejected the trustee's challenge to the constitutionality of 11 U.S.C. § 522(b)(3) on uniformity grounds, and overruling the trustee's objection to the debtor's claimed exemptions based on California law, where the case was filed in Montana.
Ruling: 
Debtor who recently moved could also claim exemptions of prior domicile state and was not required to make federal exemptions.
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Consumer case opionion summary, case decided on August 29,2007, LexisNexis #1007-112

In re Green

A bankruptcy debtor proposed a chapter 13 plan which provided for an applicable commitment period ("ACP") of three years, but the bankruptcy trustee asserted that the ACP for the above median debtor under 11 U.S.C. § 1325 was five years unless all allowed unsecured creditors were paid in full. The trustee objected to confirmation of the debtor's plan.
Ruling: 
Above median debtor with lack of current disposable income was not required to adhere to five year applicable commitment period.
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Consumer case opionion summary, case decided on August 29,2007, LexisNexis #1207-018

In re Kruitbosch

A chapter 13 trustee questioned the sufficiency of a debtor's filing of payment advices under 11 U.S.C. § 521(a)(1)(B)(iv).
Ruling: 
Debtor's failure to download pay stub from employer's web site for filing as payment advice resulted in dismissal.
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Consumer case opionion summary, case decided on August 29,2007, LexisNexis #1107-046

In re Osborne

The debtor filed for relief under chapter 7, and listed ownership of a residence, a car, and a dirt bike. The debtor indicated that he would surrender that property to the secured creditors. The U.S. Trustee filed a motion to dismiss for abuse under 11 U.S.C. § 707(b). The debtor filed amended schedules.
Ruling: 
Debtor could take deductions on Form B22A for secured debt payments on home, car and dirt bike that debtor intended to surrender.
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Consumer case opionion summary, case decided on August 28,2007, LexisNexis #1007-051

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