Consumer

In re Robinson

The debtor and creditor filed a stipulation for the assumption of a lease agreement pertaining to the lease of a vehicle.
Ruling: 
Stipulation between debtor and creditor for assumption of lease was required to comply with reaffirmation agreement requirements.
ABI Membership is required to access the full summary of In re Robinson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 13,2007, LexisNexis #1007-047

In re Neil

The chapter 13 trustee filed an objection to confirmation of the debtors'chapter 13 plan on the ground that the husband debtor (debtor) failed to timely file all pay advices required by 11 U.S.C. § 521(a)(1)(B)(iv). The issue was whether the day of filing was included in calculating the 60 days worth of payment advices that the debtor was required to file under 11 U.S.C. § 521(a)(1)(B)(iv).
Ruling: 
Sixty-day period for filing payment advices does not include day of filing.
ABI Membership is required to access the full summary of In re Neil. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 09,2007, LexisNexis #1107-075

In re Kemp

A debtor filed for relief under chapter 13, and the debtor submitted a proposed amended chapter 13 plan. A chapter 13 trustee objected to confirmation of the amended plan on the grounds that the amended plan did not commit all of the debtor's projected disposable income as required by 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Confirmation of amended plan denied due to above median debtors failure to commit all monthly disposable income.
ABI Membership is required to access the full summary of In re Kemp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 09,2007, LexisNexis #0108-018

Segell v. Letlow (In re Letlow)

Plaintiff objected to defendant chapter 7 debtor's discharge pursuant to 11 U.S.C. § 727(a)(2) and (a)(4).
Ruling: 
Discharge denied due to false representations regarding ownership of retirement account and preferential payments into custodial account for children.
ABI Membership is required to access the full summary of Segell v. Letlow (In re Letlow). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 08,2007, LexisNexis #1107-070

In re Hermosilla

A debtor had filed for relief under chapter 7. The debtor sought an order for approval of a divorce stipulation agreement between the debtor and his former wife, to be paid from the disposition of the postpetition sale proceeds of the debtor's homestead. The debtor also sought to impose sanctions against two attorneys.
Ruling: 
Attorneys did not violate stay in seeking to recover postpetition fees from proceeds of homestead property that had reverted to debtor.
ABI Membership is required to access the full summary of In re Hermosilla. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 06,2007, LexisNexis #0108-024

Ridge v. Union Acceptance Corp. (In re Ridge)

Debtors were involved in an accident after confirmation of their chapter 13 plan. The vehicle, in which creditor held a secured claim, was deemed a total loss by the debtors'insurer. The debtors objected to a claim filed by the creditor's assignee. The issue was whether the proceeds from the debtors'insurance policy were property of the estate.
Ruling: 
Creditor's interest in insurance proceeds of vehicle totalled postpetition limited to value of interest in vehicle on petition date.
ABI Membership is required to access the full summary of Ridge v. Union Acceptance Corp. (In re Ridge). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 06,2007, LexisNexis #1107-064

In re Zambrano

Debtors filed a petition under chapter 13, and a plan for paying their creditors. A creditor objected to confirmation of the debtors' plan because it did not state that the automatic stay did not apply to a secured claim the creditor held on an automobile the debtors owned.
Ruling: 
Automatic stay applied to secured claim which debtor was paying directly to creditor.
ABI Membership is required to access the full summary of In re Zambrano. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 03,2007, LexisNexis #1107-040

In re Connors

Appellant, a chapter 13 debtor, sought review of a decision from the District Court for the District of New Jersey, which held that the debtor did not have a right under 11 U.S.C. § 1322(c)(1) to cure a default on a mortgage secured by the debtor's principal residence between the time the residence was sold at a foreclosure sale and the time the deed was delivered.
Ruling: 
Debtor could not cure mortgage default after foreclosure sale and before delivery of deed.
ABI Membership is required to access the full summary of In re Connors. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Kanke v. Adams (In re Adams)

Appellee debtors filed a petition under chapter 13, and a plan for paying their creditors. Appellant, the administrator of a decedent's estate, filed an objection to the debtors'plan, but the Bankruptcy Court for the District of Wyoming overruled the administrator's objection and confirmed the debtors'plan. The administrator appealed.
Ruling: 
Debtor who allegedly stole $148,143 as administrator of decedent's estate exceeded chapter 13 threshold when debts were totalled.
ABI Membership is required to access the full summary of Kanke v. Adams (In re Adams). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 03,2007, LexisNexis #1107-058

In re APW Enclosure Sys.

Debtor's counsel filed a final application for compensation.
Ruling: 
Debtor's attorneys' fees disallowed due to failure to follow procedures and lack of preparation.
ABI Membership is required to access the full summary of In re APW Enclosure Sys.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to Consumer