Skip to main content

§ 1322(a)

In re Williams

Mar
17
2008
Ruling
Debtor could not modify plan to reduce allowance of super-priority claim.
Procedural posture

A debtor filed for relief under chapter 13 of the Bankruptcy Code. An order was entered confirming the debtor's amended chapter 13 plan. The debtor filed a motion to modify the plan to allow for a claim of the Illinois Department of Healthcare and Family Services (IDHFS) at 10% of the allowed claim, pursuant to 11 U.S.C.S. § 1322(a)(4).

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

Consumer opinion summary, case decided on March 17, 2008 , LexisNexis #0708-017
LexisNexis Article
Learn More

In re Brown

Jan
22
2008
Ruling
Attorneys' fees calculated by loadstar method awarded in reduced amount where representation was routine aside from stay litigation that conferred little benefit on the estate.
Procedural posture

An attorney for bankruptcy debtors applied for an award of fees for work performed by the attorney in defending against a motion for relief from the bankruptcy stay filed by a mortgage creditor of the debtors. The bankruptcy trustee objected to the fee application on the ground that the requested fee amount was excessive.

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

Consumer opinion summary, case decided on January 22, 2008 , LexisNexis #0208-140
LexisNexis Article
Learn More

United States v. Martinez

Mar
07
2007
Ruling
IRS granted relief from stay to setoff tax refunds against tax liabilities.
Procedural posture

Movant IRS appealed the decision that permitted it to setoff respondent debtors'federal income tax refunds against prepetition taxes, but only against priority obligations. The district court remanded the matter to provide the court an opportunity to delineate the facts considered in limiting the setoff to the IRS's priority claim.

ABI Membership is required to access the full summary of United States v. Martinez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 07, 2007 , LexisNexis #0607-101
LexisNexis Article
Learn More

Wolff v. Johnson (In re Johnson)

May
01
2006
Ruling
Appellate panel reversed bankruptcy court by finding that plan provision calling for payment of attorney's fees after plan completion was permissible.
Procedural posture

Appellee chapter 13 debtor's amended plan provided that attorneys'fees remaining unpaid at the completion of the case would not be discharged and would be paid directly by the debtor after entry of his discharge. The Bankruptcy Court for the Eastern District of California, although it approved the fees, nevertheless indicated that appellant, debtor's counsel, could not collect fees from the debtor after entry of discharge.

ABI Membership is required to access the full summary of Wolff v. Johnson (In re Johnson) 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
opinion summary, case decided on May 01, 2006 , LexisNexis #0606-102
LexisNexis Article
Learn More

In re Lybrand

Mar
17
2006
Ruling
Objection to plan confirmation was sustained, and the IRS was permitted to set off the debtor's refund against any tax liability, whether dischargeable or nondischargeable in nature.
Procedural posture

The IRS filed a motion to lift the automatic stay to set off a tax refund. The debtors did not object to the motion to lift the automatic stay. The issue was whether the IRS could allocate a prepetition tax refund to offset the prepetition tax liability of its choice.

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

opinion summary, case decided on March 17, 2006 , LexisNexis #0406-027
LexisNexis Article
Learn More

In re Goodell

Jan
04
2006
Ruling
Trustee's motion to dismiss the debtor's chapter 13 case was granted since the debtor did not fully fund the IRS's priority claim or provide enough for unsecured creditors in the debtor's plan.
Procedural posture

Debtor filed a chapter 13 bankruptcy petition. The chapter 13 trustee moved to dismiss the case. Debtor objected to a proof of claim filed by creditor IRS.

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

opinion summary, case decided on January 04, 2006 , LexisNexis #0306-032
LexisNexis Article
Learn More
Subscribe to %1