- 11 U.S.C.
In re Williams
Nov
29
2006
Ruling
Chapter 7 debtor meeting eligibility requirements was entitled to convert to chapter 13 regardless of allegations of bad faith.
Procedural posture
A debtor filed a motion, pursuant to 11 U.S.C. § 706, to convert his case from chapter 7 to chapter 13. A creditor objected on the ground that the motion was filed in bad faith in order to avoid a possible judgment in the creditor's favor in dischargeability litigation.
ABI Membership is required to access the full summary of In re Williams Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Agnew
Nov
06
2006
Ruling
Homestead exemption allowed over trustee's objection absent showing that debtors acquired property with intent to hinder, delay or defraud creditors.
Procedural posture
The debtors petitioned for bankruptcy relief under chapter 7. The debtors claimed a homestead exemption on property that the debtors had acquired from the mother of one of the debtors in exchange for other non-exempt agricultural property. The trustee objected to the homestead exemption under 11 U.S.C. § 522(o)(4).
ABI Membership is required to access the full summary of In re Agnew Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Heck
Oct
24
2006
Ruling
Ring from debtor's broken engagement was not property of the estate and could not be liquidated upon conversion to chapter 7.
Procedural posture
Pending decision following a hearing in debtor's chapter 13 matter was the following: (1) a creditor's (bank's) motion to re-convert the case to chapter 7; (2) debtor's request for confirmation of her amended plan; and (3) her boyfriend's motion for a determination whether an engagement ring was property of debtor's bankruptcy estate.
ABI Membership is required to access the full summary of In re Heck Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Garstecki
Aug
16
2006
Ruling
Debtor placed in nursing home after filing date could claim homestead exemption in former residence.
Procedural posture
Judgment creditor bank raised objections to the debtor's claim of homestead and vehicle exemptions under Kan. Stat. Ann. §§ 60-2301 and 60-2304(c), and debtor's related motion to avoid the creditor's lien under 11 U.S.C. § 522(f)(1)(A). A guardian and a conservator had been appointed for debtor, who had been moved for health reasons from his residence to a nursing home.
ABI Membership is required to access the full summary of In re Garstecki Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Lewis
Aug
03
2006
Ruling
Plan was not confirmed since debtors did not propose it in good faith where only personal benefit for debtors was to secure van for their adult daughter.
Procedural posture
Debtors proposed a chapter 13 plan under which they would have paid the creditor the value of a van they purchased for their daughter as determined by 11 U.S.C. § 506(a), with the balance of the loan treated as a general unsecured claim. The creditor objected to the plan, arguing that the debtors had to pay the full amount of the debt. The creditor filed a motion for stay relief.
ABI Membership is required to access the full summary of In re Lewis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ouellette v. Ouellette (In re Ouellette)
Jul
28
2006
Ruling
Trustee's motion for summary judgment seeking to revoke debtors' discharge based on alleged fraud was denied since disputed issues of fact regarding debtor's intent existed.
Procedural posture
Plaintiff U.S. trustee sued defendant chapter 7 debtors, seeking to revoke discharge pursuant to 11 U.S.C. § 727(d)(1) due to an alleged failure to disclose significant losses relating to one debtor's gambling or to disclose the transfer of an interest in real estate and a home to one debtor's mother two months prior to filing. The trustee moved for summary judgment.
ABI Membership is required to access the full summary of Ouellette v. Ouellette (In re Ouellette) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Torline
Jun
14
2006
Ruling
Claims by debtor's former spouse for pre-divorce obligations allowed to the extent properly filed.
Procedural posture
Debtor husband filed an objection to a proof of claim filed by creditor wife, for $607,504, plus interest for pre-divorce joint obligations of the parties. The wife alleged she had paid a third party creditor to protect her own collateral. Debtor also moved to discharge an indebtedness to creditor wife's father.
ABI Membership is required to access the full summary of In re Torline Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Burghart v. Douglas County (In re Burghart)
May
25
2006
Ruling
Order of restitution was excepted from discharge since under state law restitution was penal in nature.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant state officials pursuant to 11 U.S.C. § 523(a)(7), seeking a ruling that his obligation on an order of restitution entered as a condition of probation in a state court criminal case was dischargeable. Defendants moved to dismiss pursuant to Fed. R. Bankr. P. 12 and Fed. R. Civ. P. 12(b)(1) and 12(b)(6).
ABI Membership is required to access the full summary of Burghart v. Douglas County (In re Burghart) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sunflower Bank N.A. v. Otte (In re Otte)
May
24
2006
Ruling
Obligation to bank was not excepted from discharge since bank failed to show an intent to defraud by debtor.
Procedural posture
Adversary plaintiff bank sought to have individual debtor's guaranty obligation be held nondischargeable under 11 U.S.C. § 523(a)(2)(B) for defaulting borrower corporation's loans. The bank claimed that the debtor had fraudulently reported the borrower's inventory. The court previously ruled the debt was not one for fraud or defalcation while acting in a fiduciary capacity that would be excepted from discharge under 11 U.S.C. § 523(a)(4).
ABI Membership is required to access the full summary of Sunflower Bank N.A. v. Otte (In re Otte) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Rowe
May
10
2006
Ruling
"Fourth option" or ride through, allowing non-defaulting debtor to retain collateral and continue payments was not eliminated by BAPCPA in Kansas due to provisions of state law.
Procedural posture
A chapter 7 matter was before the court on a Motion to Compel Turnover of Vehicle filed by movant creditor and debtor's objection thereto.
ABI Membership is required to access the full summary of In re Rowe Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: