In re Espinosa
Oct
18
2007
Ruling
Debtor ineligible to convert to chapter 13due to unsecured debt in excess of limit.
Procedural posture
A debtor filed for relief under chapter 7. The debtor filed a motion to convert the case to a proceeding under chapter 13. The debtor also objected to a proof of claim filed by a creditor in the amount of $293,794.
ABI Membership is required to access the full summary of In re Espinosa Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Kanke v. Adams (In re Adams)
Aug
03
2007
Ruling
Debtor who allegedly stole $148,143 as administrator of decedent's estate exceeded chapter 13 threshold when debts were totalled.
Procedural posture
Appellee debtors filed a petition under chapter 13, and a plan for paying their creditors. Appellant, the administrator of a decedent's estate, filed an objection to the debtors'plan, but the Bankruptcy Court for the District of Wyoming overruled the administrator's objection and confirmed the debtors'plan. The administrator appealed.
ABI Membership is required to access the full summary of Kanke v. Adams (In re Adams) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
In re Bilter
Jul
16
2007
Ruling
Finding of ineligibility under chapter 13 did not prevent voluntary conversion to chapter 7.
Procedural posture
The debtor originally filed for relief under chapter 13 and then sought to voluntary convert the matter to a proceeding under chapter 7. One of the creditors objected to the debtor's notice of voluntary conversion.
ABI Membership is required to access the full summary of In re Bilter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Glance v. Carroll (In re Glance)
Jun
01
2007
Ruling
Chapter 13 case properly dismissed where sum of debt secured by two properties exceeded limit.
Procedural posture
Appellant, a chapter 13 debtor, challenged the decision entered by the District Court for the Eastern District of Michigan that affirmed the bankruptcy court's decision that dismissed the debtor's chapter 13 petition after appellee chapter 13 trustee moved to dismiss the petition, claiming the debtor's secured debts exceeded the $922,975 cap for filing a chapter 13 petition.
ABI Membership is required to access the full summary of Glance v. Carroll (In re Glance) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Singer Asset Fin. Co. LLC v. Mullins (In re Mullins)
Feb
12
2007
Ruling
Unemployed debtor who nonetheless had sufficiently stable and regular income was eligible under chapter 13.
Procedural posture
Creditor alleged that chapter 13 debtor failed to qualify as a chapter 13 debtor because she failed to satisfy the chapter 13 eligibility requirements set forth in 11 U.S.C. § 109(e).
ABI Membership is required to access the full summary of Singer Asset Fin. Co. LLC v. Mullins (In re Mullins) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
United States v. Ahmed (In re Ahmed)
Nov
13
2006
Ruling
Disputed tax debt was non-contingent liquidated debt that caused debtor to exceed chapter 13 eligibility limit.
Procedural posture
In a consolidated bankruptcy appeal, appellant, the United States of America, challenged a bankruptcy court's confirmation of the first amended chapter 13 plan filed by appellee debtor.
ABI Membership is required to access the full summary of United States v. Ahmed (In re Ahmed) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Kollar
Oct
05
2006
Ruling
Case dismissed with prejudice as improperly filed to frustrate secured creditors with no possibility of funding a realistic plan.
Procedural posture
A debtor filed a motion to dismiss her chapter 13 bankruptcy case, pursuant to 11 U.S.C. § 1307(b). The trustee filed a motion to dismiss the case, pursuant to 11 U.S.C. § 109(e).
ABI Membership is required to access the full summary of In re Kollar Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Jac Family Foundation
Sep
26
2006
Ruling
Foundation was not an "individual" and ineligible to be a debtor under chapter 13.
Procedural posture
A family foundation's representative filed a chapter 13 bankruptcy petition on the foundation's behalf. The chapter 13 trustee moved to dismiss the petition on the ground that, pursuant to 11 U.S.C. § 109(e), only an individual could be a chapter 13 debtor. The representative did not respond to the trustee's dismissal motion. He asked the court to continue the case.
ABI Membership is required to access the full summary of In re Jac Family Foundation Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Spurlin
Aug
25
2006
Ruling
Debtor who could not establish source of regular income was not an eligible chapter 13 debtor.
Procedural posture
Chapter 7 debtors filed a motion to convert their bankruptcy case to one under chapter 13. The chapter 7 trustee and a creditor filed objections to the motion.
ABI Membership is required to access the full summary of In re Spurlin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Spurlin
Aug
25
2006
Ruling
Conversion to chapter 13 denied where debtors admitted they did not have regular income.
Procedural posture
Chapter 7 debtors filed a motion to convert their bankruptcy case to one under chapter 13. The chapter 7 trustee and a creditor filed objections to the motion.
ABI Membership is required to access the full summary of In re Spurlin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: