In re Porter
Feb
08
2008
Ruling
Debtor could not preserve otherwise undisclosed prepetition causes of action that would not be pursued until after confirmation.
Procedural posture
In two chapter 13 cases, the debtors' plans contained a provision that purported to preserve a broad range of not-yet-ripe causes of action against unidentified parties. In both cases, the language of the provision was identical and a creditor objected. The court confirmed both plans, with the caveat that adjudication of the objections could result in the controversial provision being modified or stricken.
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Court
:
B-Line LLC v. Kirkland (In re Kirkland)
Dec
21
2007
Ruling
Undisputed claim could not be disallowed solely due to lack of supporting documentation.
Procedural posture
Appellant claimant challenged a decision of the Bankruptcy Court for the District of New Mexico, which disallowed its claim against a chapter 7 debtor on the grounds that it failed to meet the requirements of the Federal Rules of Bankruptcy Procedure because the claimant had not attached any supporting documentation.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Lindstrom
Dec
12
2007
Ruling
Debtor could deduct payments on vehicle repossessed prior to petition date from disposable income calculation.
Procedural posture
The United States Trustee (UST) moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7. The issue was whether, under 11 U.S.C. § 707(b)(2)(A)(iii)(I), the debtor could deduct, as an allowable expense, monthly payments on a car loan when the car was repossessed prior to the filing of the UST's motion to dismiss.
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Court
:
In re Muth
Nov
08
2007
Ruling
Debtor who converted case to chapter 7 could not reconvert to chapter 13.
Procedural posture
Chapter 7 debtors filed a motion pursuant to 11 U.S.C. § 706(a) to reconvert their case to chapter 13.
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Court
:
- 11 U.S.C.
In re Scarafiotti
Sep
07
2007
Ruling
Above median debtors were qualified under chapter 7 once means test deduction for expenses of vehicle owned free and clear and housing costs due to son with special needs were allowed.
Procedural posture
Debtors filed a petition under chapter 7, and a Statement of Current Monthly Income and Means Test Calculation. The United States Trustee ("UST") filed a motion to dismiss the debtors'petition, claiming that the debtors did not meet the qualifications set by 11 U.S.C. § 707(b)(1) for obtaining relief under chapter 7.
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Court
:
DaimlerChrysler Fin. Servs. N. Am. LLC v. Griffin (In re Wilson)
Aug
24
2007
Ruling
Creditor was entitled to full amount of 910 claim, including interest.
Procedural posture
Appellant creditor challenged an order of the Bankruptcy Court for the District of Kansas confirming the chapter 13 plan filed appellee debtor. The trustee was also an appellee in the matter.
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- 11 U.S.C.
Scotese v. Orthodontric Ctrs. of Ohio Inc. (In re OCA Inc.)
Aug
24
2007
Ruling
Debtor's executory business services agreement with dentist could be assumed.
Procedural posture
Defendant chapter 11 debtor filed a motion pursuant to 11 U.S.C. § 365 to assume an executory contract with plaintiff dentist, to which the dentist objected. The dentist filed an adversary complaint against the debtor, alleging that he was entitled to an accounting, alleging breach of contract, and alleging that the debtor's conduct under the contract was unlawful.
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Court
:
In re Roy Frischhertz Constr. Co.
Aug
24
2007
Ruling
Previously undisclosed representation of surety company did not prevent approval of special counsel's fee application in absence of actual conflict.
Procedural posture
In a fourth interim fee application of special counsel for a chapter 11 debtor, two creditors filed a joint objection on the basis that the law firm was also representing a surety company, which was an alleged interest adverse to the debtor's estate in contravention of 11 U.S.C. § 327(e).
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Court
:
- 11 U.S.C.
Santamassino v. New Jersey Higher Educ. Student Assistance Auth. (In re Santamassino)
Aug
23
2007
Ruling
Detbor who was sole, unpaid, round-the-clock caretaker for chronically ill mother entitled to undue hardship discharge of student loan debt.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor for a discharge of the student loan obligation that the debtor owed to the creditor, pursuant to 11 U.S.C. § 523(a)(8). The debtor filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
Case v. Hilgers (In re Hilgers)
Jul
10
2007
Ruling
Remainder interests in spendthrift trusts that terminated prior to petition date were property of the estate.
Procedural posture
Plaintiff bankruptcy trustee sought a declaration that defendant debtor's remainder interests in three revocable inter vivos trusts were assets of the debtor's chapter 7 bankruptcy estate and subject to turnover. The Bankruptcy Court for the District of Kansas ordered the debtor and his brother to transfer the debtor's remainder interests in all three trusts to the bankruptcy trustee. The debtor appealed.
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