In re Cummings
Nov
20
2015
Ruling
State court issuance of writ of attachment was preclusive as to liquidated nature of claim so that debtor exceeded chapter 13 debt limits.
Issue(s)
Was claim for which state court issued a writ of attachment liquidated so as to cause debtor to exceed chapter 13 debt limits and require dismissal or conversion?
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Court
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In re Stebbins
Feb
24
2015
Ruling
Case dismissed as debtor's guarantee of mortgage was noncontingent and caused debtor to exceed debt limit for chapter 13.
Issue(s)
Did mortgage debt cause debtor to exceed chapter 13 debt limits or was it a contingent and unliquidated debt to which the limit did not apply?
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Court
:
Sergio v. Garcia (In re Garcia)
Oct
03
2014
Ruling
Chapter 13 case dismissed due to total unsecured debt in excess of jurisdictional limits.
Issue(s)
Whether debtor has too much unsecured debt to be in a Chapter 13 case, turning on whether debtor's wholly unsecured junior mortgages count as unsecured debts under § 109(e)?
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Court
:
In re Prawer
Sep
22
2014
Ruling
Debtor not eligible under chapter 13 due to debt in excess of limits.
Issue(s)
Did chapter 13 debtor have noncontingent, liquidated, undisputed debts in excess of limits?
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Court
:
In re Sugg
Jul
22
2014
Ruling
Claim for breach of fiduciary duty was not liquidated and did not disqualify debtors from eligibility under chapter 13.
Issue(s)
Did debtor's combined unsecured debts exceed the upper limit allowed for chapter 13 eligibility?
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Court
:
General Lending Corp. v. Cancio
Jan
29
2014
Ruling
Creditor's untimely objection to debtor's eligibility properly barred by bankruptcy court.
Issue(s)
Did the laches bar imposed by the bankruptcy court to creditor's eligibility challenge under 11 U.S.C.S. § 109(e) eliminate a statutory condition of confirmation?
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Court
:
In re Yuen
Oct
09
2013
Ruling
Debtor was ineligible due to debt in excess of chapter 13 limits.
Issue(s)
Was debtor with more than $367,000 in scheduled unsecured debt eligible under chapter 13.
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Court
:
In re Walls
Jul
09
2013
Ruling
Issue of whether IRS secured nonpriority claim was discharged in prior case has to be resolved in an adversary proceeding as it went to eligibility.
Issue(s)
Whether a chapter 13 debtor's claim that an unsecured nonpriority claim the Internal Revenue Service ("IRS") filed against his bankruptcy estate could be resolved as a contested matter or had to be resolved in an adversary proceeding, and if an adversary proceeding was required, whether that proceeding had to be filed in the debtor's earlier bankruptcy case after that case were reopened or could be filed in the debtor's open chapter 13 case.
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Court
:
In re Jones
May
28
2013
Ruling
Case ordered converted or dismissed due to unsecured debt in excess of chapter 13 limits.
Procedural posture
Debtor filed a chapter 13 bankruptcy case. The chapter 13 Trustee filed a petition to dismiss the case alleging that the debtor was over the jurisdictional limits of 11 U.S.C.S. § 109(e) and was therefore ineligible for chapter 13 relief.
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Court
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In re Miller
May
21
2013
Ruling
Case ordered dismissed or converted due to unsecured debt in excess of chapter 13 limits.
Procedural posture
A bankruptcy trustee filed a motion to dismiss the chapter 13 bankruptcy case filed by the debtors.
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Court
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