Skip to main content

Page Banner(Taxonomy)

judge starzynski

In re Faust

Dec
12
2007
Ruling
Plan modification denied in absence of change in debtor's postconfirmation financial condition.
Procedural posture

Chapter 13 debtors filed a motion pursuant to 11 U.S.C. § 1329 to modify their confirmed plan. The chapter 13 trustee filed a motion pursuant to 11 U.S.C. § 1307(c)(6) to dismiss the chapter 13 case for failure to make all of the plan payments.

ABI Membership is required to access the full summary of In re Faust Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 12, 2007 , LexisNexis #0208-070
LexisNexis Article
Learn More

Montoya v. Wilson (In re Wilson)

Nov
30
2007
Ruling
Contribution to Roth IRA for which debtors were not eligible was not fraudulent transfer.
Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, debtors, seeking to avoid as fraudulent under 11 U.S.C. § 548 contributions that the debtors made to their individual retirement accounts ("IRA"). The debtors moved to dismiss. The motion implicated Fed. R. Bankr. P. 7052, which incorporated Fed. R. Civ. P. 52(c).

ABI Membership is required to access the full summary of Montoya v. Wilson (In re Wilson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 30, 2007 , LexisNexis #0108-100
LexisNexis Article
Learn More

In re Silva

Oct
31
2007
Ruling
Credit counseling received on the petition date and certification executed in advance of counseling required dismissal.
Procedural posture

On its own motion, the court conducted a hearing concerning a chapter 7 debtor's compliance with the requirement for prepetition budget and credit counseling mandated by 11 U.S.C. § 109(h).

ABI Membership is required to access the full summary of In re Silva Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 31, 2007 , LexisNexis #1207-040
LexisNexis Article
Learn More

In re Gurule

Oct
31
2007
Ruling
Conduct of bankruptcy petition preparer questioned in case where debtor did not meet credit counseling requirement prior to filing.
Procedural posture

After debtor filed a chapter 7, the court sua sponte considered whether debtor had satisfied the requirements in 11 U.S.C. § 109(h) that she obtain budget and credit counseling prior to filing given that Schedule D indicated that such counseling had occurred after the date on which the petition had been filed. At issue was the manner in which debtor's bankruptcy petition preparer ("BPP") had completed the documents later filed by debtor.

ABI Membership is required to access the full summary of In re Gurule Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 31, 2007 , LexisNexis #1207-039
LexisNexis Article
Learn More

In re Sims

Oct
26
2007
Ruling
Reduction in homestead exemption to bring case within chapter 13 debt limits allowed on reconsideration.
Procedural posture

The debtors filed a motion for reconsideration of an order dismissing their bankruptcy case on the ground that their unsecured debt exceeded the limits of 11 U.S.C. § 109(e).

ABI Membership is required to access the full summary of In re Sims Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 26, 2007 , LexisNexis #1107-127
LexisNexis Article
Learn More

In re Shephard

May
07
2007
Ruling
Real property owned by debtor's general partnership was not property of the estate and could not be exempted.
Procedural posture

Debtor filed for chapter 7 relief. Debtor and another individual (who also sought bankruptcy relief) were general partners in a general partnership formed under California law. The general partnership owned real property in California. Debtor claimed a homestead exemption under 11 U.S.C. § 522(b)(1). The bankruptcy trustee objected.

ABI Membership is required to access the full summary of In re Shephard Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on May 07, 2007 , LexisNexis #0707-044
LexisNexis Article
Learn More

In re Payton

Mar
16
2006
Ruling
Court did not confirm reaffirmation agreement between debtors and bank since it imposed an undue hardship on debtors and their dependents.
Procedural posture

The debtors and creditor submitted for the court's approval a proposed reaffirmation agreement. The agreement reaffirmed, without reduction, a debt of $20,938.23 for a 2006 truck.

ABI Membership is required to access the full summary of In re Payton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 16, 2006 , LexisNexis #0406-111
LexisNexis Article
Learn More
Subscribe to %1