In re Quiros-Amy
Sep
19
2011
Ruling
Debtors who were not eligible for chapter 13 discharge could not strip off unsecured junior liens.
Procedural posture
In separate cases, two debtors filed petitions under Chapter 13 of the Bankruptcy Code less than four years after they received Chapter 7 discharges, and they asked the court to issue an order which declared that they could strip off junior mortgages on their principal residences.
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Court
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Beskin v. Knupp (In re Knupp)
Jul
26
2011
Ruling
Discharge revoked due to debtor's failure to disclose inheritance received less than two months after petition date.
Procedural posture
Plaintiff Chapter 13 trustee filed a complaint seeking revocation of defendant debtor's discharge under 11 U.S.C.S. § 1328(e).
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Court
:
In re Victorio
Jul
08
2011
Ruling
Confirmation of "chapter 20" debtors' plan denied due to failure to pay off junior lien or other unsecured creditors in full.
Procedural posture
Debtors filed a petition under Chapter 13 of the Bankruptcy Code, and proposed a plan for repaying their creditors that proposed to strip off a junior lien which a mortgage company held on the debtors' home. A trustee who was appointed to administer the debtor's plan filed an objection to confirmation of the plan.
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Court
:
In re Okosisi
May
16
2011
Ruling
Chapter 13 plan of debtors who received a chapter 7 discharge two years earlier and seeking to incorporate avoidance of lien confirmed.
Procedural posture
Debtors filed for chapter 13 bankruptcy after having previously received a discharge in chapter 7. Earlier in the case, the court granted the debtors' motion to avoid the second priority, and wholly unsecured, lien on their primary residence. Here, they sought to confirm a plan which incorporated this avoidance. The chapter 13 bankruptcy trustee opposed confirmation.
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Court
:
- 11 U.S.C.
Davis v. TD Bank (In re Davis)
Mar
30
2011
Ruling
Debtors could avoid junior lien despite being ineligible for discharge.
Procedural posture
Movant debtors filed a petition under Chapter 13 of the Bankruptcy Code, and they proposed a plan for repaying their creditors and filed an amended motion seeking an order under 11 U.S.C.S. § 506 which avoided a junior lien respondent bank held on their residence. The bank that held the lien filed an filed an opposition to the debtors' motion and an objection to the debtors' plan.
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Court
:
- 11 U.S.C.
United States v. Taylor
Mar
24
2011
Ruling
Debtors' payment of restitution for bank fraud through chapter 13 plan did not entitle them to early termination of supervised release.
Procedural posture
Debtors were convicted of conspiracy to commit bank fraud and provided for payment of required restitution through their chapter 13 plan. Debtor's then sought early termination of their supervised release.
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Court
:
- 11 U.S.C.
In re Gerardin
Feb
17
2011
Ruling
Chapter 13 debtors who filed less than four years after chapter 7 discharges were not eligible for discharge and could not strip down junior liens on properties.
Procedural posture
Seven debtors filed Chapter 13 bankruptcy cases soon after they received a discharge in a Chapter 7 case. Each debtor filed a motion which asked the court to determine that junior liens on property they owned were unsecured because the property was worth less than the amount of senior liens that were filed on the property. The court considered all of the motions together.
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Court
:
- 11 U.S.C.
In re Woolsey
Oct
08
2010
Ruling
Confirmation denied due to failure to provide for retention of lien securing allowed secured claim until payment in full or discharge.
Procedural posture
The matter before the court was the confirmation of debtors' chapter 13 Amended Plan (Plan). The trustee objected.
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Court
:
- 11 U.S.C.
Dorris v. Chacon (In re Chacon)
Oct
01
2010
Ruling
Relief from stay granted to allow sexual assault victim to pursue civil case against debtor who pled guilty to criminal charges.
Procedural posture
Plaintiff, a mentally disabled woman ("victim"), filed an adversary proceeding by and through her guardian, seeking a determination that claims she filed against defendant Chapter 13 debtor in a New Mexico court were nondischargeable under 11 U.S.C.S. § 1328(a)(4), an order granting relief from the automatic stay so she could proceed with an action that was filed in state court. The victim filed a motion for summary judgment.
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Court
:
In re Ezzell
Mar
09
2010
Ruling
Trustee could be required to disburse more than called for under plan, and refund to debtors, out of lawsuit settlement proceeds.
Procedural posture
Chapter 13 debtors paid a newly-acquired lawsuit settlement to the 13 trustee then filed a motion to disburse to require the trustee to pay creditors the remaining amounts due under the plan, and to pay the debtors a refund after paying creditors all that was due under the confirmed plan. The trustee objected under 11 U.S.C.S. § 1325(b)(4)(B). An unsecured creditor also objected and filed motion to modify the plan under 11 U.S.C.S. §§ 1328, 1329.
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Court
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