In re Denaeyer
May
08
2012
Ruling
Case dismissed due to unsecured debt in excess of chapter 13 limits.
Procedural posture
Chapter 13 trustee filed a motion to dismiss the debtor's case.
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Court
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In re Thalmann
Mar
13
2012
Ruling
Case ordered converted or dismissed as debt improperly identified as "disputed" put debtor over chapter 13 eligibility limit.
Procedural posture
Debtor filed a petition under chapter 13 of the bankruptcy code, and a judgment creditor and a receiver who was appointed by a Texas court to collect the judgment filed a joint motion to dismiss the debtor's case. The receiver also filed a claim in the amount of $ $347,001 against the debtor's bankruptcy estate, and the debtor filed an objection to the claim.
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Court
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In re Winters
Mar
12
2012
Ruling
Chapter 13 case dismissed due to liquidated noncontingent secured debt in excess of limits.
Procedural posture
A creditor filed a motion to dismiss chapter 13 debtor's case on the grounds that the debtor owed an unsecured debt to the creditor that exceeded the unsecured debt limit of $360,475 established by 11 U.S.C.S. § 109(e) for an individual to be eligible for chapter 13 relief.
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Court
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Cini v. Genesis Enters. (In re Cini)
Dec
14
2011
Ruling
Case dismissed due to unsecured debt in excess of limits.
Procedural posture
Debtor brought an adversary proceeding against creditor seeking to avoid transfers to the creditor. The debtor objected to the creditor's claim as unsubstantiated, and the creditor moved to dismiss the debtor's case as exceeding the unsecured debt limits for chapter 13 bankruptcy.
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Court
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In re Sullivan
Dec
12
2011
Ruling
Voluntary dismissal granted without prejudice where debtor was ineligible for chapter 13 relief at filing.
Procedural posture
This matter was before the court pursuant to debtor's motion to voluntarily dismiss his chapter 13 case. A creditor moved to have debtor's case dismissed with an injunction so that it could use all available state law remedies to seize debtor's non-exempt property.
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Court
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In re Frederick
Nov
14
2011
Ruling
Debtor was ineligible under chapter 13 due to excessive debt owed to SEC.
Procedural posture
A debtor sought protection under chapter 13 of the U.S. Bankruptcy Code. A creditor, the Securities and Exchange Commission (SEC) disputed his eligibility to be a chapter 13 debtor because the amount owed to it was $956,448.99, consisting of $463,491.13 for disgorgement, prejudgment interest of $29,466.73, and a civil penalty of $463,491.13.
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Court
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In re Jocham
May
26
2011
Ruling
Case ordered converted to chapter 7 or dismissed due to non-contingent and liquidated secured debt in excess of chapter 13 limits.
Procedural posture
A bankruptcy trustee contended that a bankruptcy debtor was ineligible for Chapter 13 bankruptcy under 11 U.S.C.S. § 109(e) because the debtor had non-contingent and liquidated secured debt which exceeded the debt limit for Chapter 13 bankruptcy. The trustee moved to dismiss the debtor's case, and the debtor objected to dismissal.
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Court
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In re Croney
May
02
2011
Ruling
Case converted to chapter 7 upon determination that debtor was not eligible under chapter 13.
Procedural posture
A creditor sought to dismiss debtors' Chapter 13 case on the ground that debtors were ineligible under 11 U.S.C.S. § 109(e). The creditor contended that an unconditional personal guaranty put the debtors' total unsecured debt over the statutory limit.
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Court
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In re Hurtt
Apr
21
2011
Ruling
Chapter 13 case dismissed due to noncontingent, liquidated, unsecured debts in excess of limits.
Procedural posture
A chapter 13 trustee filed a motion to dismiss the debtors' chapter 13 case pursuant to 11 U.S.C.S. § 109(e). The court held a preliminary and a final hearing. The court issued findings of fact and conclusions of law in accordance with Fed. R. Bankr. P. 7052.
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Court
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In re Rottiers
Apr
12
2011
Ruling
Chapter 13 debtors were eligible for relief where claims of two largest creditors were unliquidated.
Procedural posture
Movants, the two largest creditors of the chapter 13 debtors, filed a motion to dismiss the petition based primarily on the assertion that, if either of those creditors' claims were deemed to be non-contingent, liquidated, unsecured, the debtors were ineligible for chapter 13 relief under 11 U.S.C.S. § 109(e). Creditors filed a motion for summary judgment on the motion to dismiss. Debtors did not file a cross-motion for summary judgment.
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Court
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