- FRBP
In re Hensley
Mar
20
2006
Ruling
Court deemed that notice of claim objection was sufficient since the notice was mailed to the government creditor's notice address state in its proof of claim.
Procedural posture
Putative creditor, the U.S. Department of Education, sought to collect an alleged student loan balance from debtor, who had received a discharge following completion of her chapter 13 plan. The government argued that the discharge judgment was void and it was entitled to relief under Fed. R. Civ. P. 60(b)(4), because it was given insufficient notice of the objection to its claim.
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Court
:
- 11 U.S.C.
In re Mattern
Mar
09
2006
Ruling
The debtor's prefiling contingent beneficiary interest in the debtor's father's revocable inter vivos trust and pour over will was excluded from property of the estate.
Procedural posture
The chapter 7 trustee filed a motion to determine estate property and for turnover of any trust or inheritance. The primary issue was whether income and/or property to which the debtor had an expectancy on the date of filing and to which he became entitled upon the death of his father, less than 180 days after filing, pursuant to his father's revocable trust and pour over will was property of the estate under 11 U.S.C. § 541(a)(1) or (a)(5).
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Court
:
Morris v. Delgado (In re Alton)
Mar
03
2006
Ruling
Debtor's granting of a security interest in a vehicle to a creditor to secure a loan was deemed a preferential transfer since the lien was not timely perfected and no exceptions to the preferential transfer rule applied.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid an alleged transfer from the debtor as preferential. The debtor granted a security interest in a vehicle to the creditor and subsequently surrendered the vehicle to the creditor.
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Court
:
Redmond v. Lentz & Clark P.A. (In re Wagers)
Feb
23
2006
Ruling
Debtors'tax refunds were not estate property since the debtors had assigned prepetition the refunds to secure a law firm's prepetition and postpetition services and thus only held a revisionary, not ownership, interest in the refunds.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, chapter 7 debtors and the law firm representing the debtors, alleging that the bankruptcy estate was entitled to the debtors'tax refunds which the debtors assigned to the firm prepetition to secure the firm's prepetition and postpetition services. The parties cross-moved for summary judgment.
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Court
:
- 11 U.S.C.
Morris v. St. John Natl Bank (In re Haberman)
Feb
10
2006
Ruling
Bank was ordered to turn over to the trustee an amount equal to the value of a car as of the day the debtors filed for bankruptcy, leaving the bank with a general unsecured claim against the bankruptcy estate for the same amount.
Procedural posture
Plaintiff trustee sued defendant bank, seeking to avoid the bank's lien on the debtors'car. After the debtor paid off the balance the debtor owed, the bankruptcy court determined that the bank's lien was unperfected and the trustee could avoid it. The trustee then sought a determination in the postpetition payments.
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Court
:
- 11 U.S.C.
In re Rafter Seven Ranches L.P.
Feb
10
2006
Ruling
Creditor was denied an order requiring the debtor to assume or reject the leases since the leases were terminated prepetition, but the creditor was permitted to claim rental payments on the leased sprinkler systems.
Procedural posture
The instant dispute arose out of four prepetition leases between the creditor, as lessor, and the debtor, as lessee, for the lease of four irrigation sprinkler systems. The debtor filed an objection to the creditor's claim. The creditor filed a motion for an order requiring the debtor to assume or reject the leases pursuant to 11 U.S.C. § 365(d)(2).
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Court
:
In re Schmidt
Jan
04
2006
Ruling
Debtors'chapter 13 case was dismissed since they failed to show they had sufficient income to fund a plan and because their noncontingent, liquidated, unsecured debts exceeded the statutory limit.
Procedural posture
Debtors filed for bankruptcy relief under chapter 13. The creditors filed two motions to dismiss the petition and a motion to show cause why the bankruptcy proceeding should not be dismissed. The creditors contended that the debtors were not eligible for chapter 13 relief, pursuant to 11 U.S.C. § 109(e), that the debtors did not file in good faith.
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Court
:
- 11 U.S.C.
Morris v. Boeing Wichita Credit Union (In re Hicks)
Sep
14
2005
Ruling
Trustee was granted motion to avoid creditor's lien since the certificate of title did not reflect the lien.
Procedural posture
Plaintiff, a chapter 7 trustee, brought an adversary proceeding against defendants, the debtors and their creditor, to avoid a lien pursuant to 11 U.S.C. § 544(a)(2). The creditor filed a third party complaint against third-party defendant, the State of Kansas Department of Revenue ("KDOR"), in the event that the trustee prevailed on his claim. The matter was before the court on a stipulation of facts and briefs of the parties.
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Court
: