In re Taylor
Jul
25
2008
Ruling
Guarantees were noncontingent liquidated debts causing debtor to exceed chapter 13 limits.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed a motion to dismiss the debtors' case, claiming that the debtors were not eligible for Chapter 13 relief because their noncontingent, liquidated debts exceeded the debt limits allowed by 11 U.S.C.S. § 109(e).
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Court
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In re Ellis
Jun
10
2008
Ruling
Chapter 13 plan in which debtor would make no payments could not be confirmed.
Procedural posture
The matter before the court was the chapter 13 trustee's objection to confirmation of debtor's chapter 13 plan to which debtor filed a timely response.
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Court
:
In re Pinckney
May
09
2008
Ruling
Chapter 13 case ordered converted or dismissed due to secured debt in excess of limits.
Procedural posture
A debtor was ordered to show cause why his chapter 13 bankruptcy case should not have been dismissed on the ground that the schedules listed more secured debt than the maximum allowed under 11 U.S.C.S. § 109(e).
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Court
:
In re Bland
Mar
31
2008
Ruling
Contributions from non-debtor spouse could be considered in determination that debtor was eligible under chapter 13.
Procedural posture
A creditor objected that a debtor was not an individual with regular income and was ineligible for chapter 13 relief under 11 U.S.C.S. § 109(e).
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Court
:
In re Johnson
Mar
18
2008
Ruling
Case dismissed for fraud due to debtor's failure to schedule large claim.
Procedural posture
After the court found, in a related adversary proceeding, that debtor, a husband who was later divorced from his wife, with whom he had filed a bankruptcy, had obtained confirmation of a chapter 13 plan through a fraud on the court and vacated the confirmation order, it issued an order to show cause why the husband's case should not be dismissed with prejudice on account thereof.
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Court
:
In re Star
Feb
01
2008
Ruling
Chapter 13 case dismissed due to undisputed liquidated debt in excess of limits.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed a motion to dismiss the debtor's bankruptcy case and an unsecured creditor filed a motion to convert the case to one under chapter 7. The court held a consolidated hearing on both motions.
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Court
:
In re Margetis
Dec
14
2007
Ruling
Chapter 13 case dismissed where voidable, but not unliquidated, default judgment caused debtor to exceed debt limits.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the debtor's chapter 13 case for lack of eligibility, pursuant to 11 U.S.C. § 109(e), because the debtor exceeded the debt limit. At issue was a particular default judgment against the debtor which exceeded $800,000 in amount.
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Court
:
In re Blair
Dec
13
2007
Ruling
Debtors not eligible under chapter 13 due to nonliquidated noncontingent debts in excess of limits guaranteed on behalf of company.
Procedural posture
Debtors filed separate petitions under chapter 13, and two lessors (creditors) filed joint motions to dismiss both cases, claiming that the debtors were not eligible to seek relief under chapter 13, pursuant to 11 U.S.C. § 109(e), because each debtor owed more than $307,675 in noncontingent, liquidated, unsecured debt.
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Court
:
In re Smith
Dec
13
2007
Ruling
Debtor's acquisition of property, without consideration, but subject to secured claims, caused debtor to exceed chapter 13 eligibility limit.
Procedural posture
A bankruptcy trustee asserted that a bankruptcy debtor's secured debt exceeded the debt limitation of 11 U.S.C. § 109(e) for eligibility for chapter 13 relief, and that the debtor filed the case in bad faith. The trustee moved to dismiss the debtor's case.
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Court
:
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).
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Court
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