- 11 U.S.C.
Ranta v. Gorman
Jul
01
2013
Ruling
Denial of confirmation vacated due to failure to consider Social Security income in evaluation of feasibility.
Procedural posture
Chapter 13 debtor challenged a decision of the U. S. District Court for the Eastern District of Virginia, which affirmed a bankruptcy court decision denying confirmation of the debtor's proposed chapter 13 plan.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Braswell
Jun
27
2013
Ruling
Confirmation denied due to lack of accommodation for the time value of money in payment of unsecured creditors.
Procedural posture
Petitioner debtor filed an amended chapter 13 plan of reorganization. Pursuant to 11 U.S.C.S. § 1325, respondent trustee objected to confirmation of the debtor's amended plan on a number of grounds, most notably on grounds of lack of good faith and the failure to provide interest to unsecured claimants in the debtor's 100% plan. The court held a confirmation hearing and issued its ruling.
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Court
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In re Holm
Jun
19
2013
Ruling
Confirmation denied due to excessive expenses for debtor's business and recreation and entertainment of bi-polar adult son.
Procedural posture
A chapter 13 trustee objected to confirmation of the debtors' plan pursuant to 11 U.S.C.S. § 1325(b) on the grounds that some of the expenses claimed for the benefit of the debtors' son were not reasonable and necessary under 11 U.S.C.S. § 707(b)(2)(A)(ii)(II).
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Court
:
- 11 U.S.C.
In re Luedtke
Jun
17
2013
Ruling
Old vehicle expense consistent with IRS guidelines could be deducted from disposable income calculation.
Procedural posture
Chapter 13 trustee objected to confirmation of the debtors' plan under the "disposable income" requirement of 11 U.S.C.S. § 1325(b)(1).
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Court
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In re Ramos
Jun
04
2013
Ruling
Confirmation denied due to failure to provide information necessary to allow debtor to retain tax refunds.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying her creditors which paid arrears in the amount of $1,832 which she owed to a bank, taxes she owed, and her attorney's fees in the amount of $2,750, but paid unsecured creditors approximately five percent of what they were owed. A trustee who was appointed to administer the debtor's plan filed an objection to confirmation of the plan.
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Court
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In re Carreiro
May
30
2013
Ruling
Early payoff of chapter 13 plan denied as unsecured creditors would not be paid in full.
Procedural posture
This case came on for hearing upon debtor's Motion to Approve Early Payoff of Chapter 13 Plan and Request for Fees.
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Court
:
Branigan v. Davis (in re Davis)
May
10
2013
Ruling
Stripping of valueless liens is permitted in post-BAPCPA "chapter 20" cases.
Procedural posture
Plaintiff, a chapter 13 bankruptcy trustee, challenged confirmation orders, entered by the bankruptcy court and affirmed by the United States District Court for the District of Maryland, at Greenbelt, stripping off junior liens against debtors' residences.
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Court
:
Judge or Jurisdiction information not available
In re Harkins
May
01
2013
Ruling
Self-employed debtors could not subtract business expenses from gross receipts in current monthly income calculation.
Procedural posture
Trustee filed objections to confirmation in three chapter 13 cases, taking the position that these self-employed debtors could not subtract their business expenses from gross receipts for the purpose of calculating current monthly income and that therefore the applicable commitment period was five years instead of three years.
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Court
:
- 11 U.S.C.
In re Abisso
Apr
17
2013
Ruling
Debtor entitled to marital adjustment for non-debtor spouse's income not contributed to household expenses on regular basis.
Procedural posture
Chapter 13 trustee objected to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
In re Carroll
Apr
15
2013
Ruling
Confirmation denied as plan neither paid unsecured creditors in full nor paid all projected disposable income into plan over commitment period.
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Court
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