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§ 1328

Burrell v. Town of Marion (In re Burrell)

Jul
18
2006
Ruling
Tax lien for prepetition real estate and water taxes was discharged upon completion of plan.
Procedural posture

Appellant chapter 13 debtor filed an adversary proceeding against appellee town, seeking, inter alia, a determination that her obligations for postpetition interest on real estate taxes and prepetition water charges were discharged when her amended chapter 13 plan was confirmed. The Bankruptcy Court for the District of Massachusetts granted the town summary judgment. The debtor appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on July 18, 2006 , LexisNexis #0906-136
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In re Bateman

May
01
2006
Ruling
Motion to dismiss was denied since debtors met eligibility requirements under section 109 even though they were not eligible for discharge.
Procedural posture

In separate bankruptcy cases, a trustee moved to dismiss debtors'cases on the ground that the debtors could not receive discharges under 11 U.S.C. § 1328(f) and thus were not eligible to be debtors.

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opinion summary, case decided on May 01, 2006 , LexisNexis #0706-083
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In re McGhee

Apr
26
2006
Ruling
Court ruled that section 1328(f) allowed debtors to file for chapter 13 protection, but debtors could not obtain discharge since four years had not passed since prior chapter 7 case.
Procedural posture

The debtors filed a motion for clarification of as to how 11 U.S.C. § 1328(f), added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Prevention Act of 2005, affected their ability to receive a discharge in their chapter 13 case.

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opinion summary, case decided on April 26, 2006 , LexisNexis #0606-116
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Colorado Judicial Department v. Sweeney (In re Sweeney)

Apr
21
2006
Ruling
Court reversed finding that restitution debt awarded in juvenile delinquency proceeding was nondischargeable since under state law the juvenile proceeding was not criminal in nature.
Procedural posture

Appellant debtors sought review of a decision of the Bankruptcy Court for the District of Colorado, which concluded that a restitution debt awarded in juvenile delinquency proceedings was nondischargeable under 11 U.S.C. § 1328(a)(3).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on April 21, 2006 , LexisNexis #0506-065
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In re Walton

Apr
19
2006
Ruling
Court struck illegal plan provision that attempted to pay down student loan debt principal first then the remainder second and directed deb tor to submit a plan without such provision.
Procedural posture

Respondent creditor objected to the confirmation of petitioner debtor's chapter 13 plan on the ground that it contained an illegal plan provision seeking to discharge her student loans.

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opinion summary, case decided on April 19, 2006 , LexisNexis #0506-139
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Foster v. Onyx Inv. L.L.C. (In re Foster)

Mar
15
2006
Ruling
Creditor's attempt to revoke the debtor's discharge based on alleged fraud was untimely since the creditor's attempt did not relate back to an earlier foreclosure action.
Procedural posture

Plaintiff discharged bankruptcy debtors reopened their bankruptcy case and brought an adversary proceeding against defendant creditor, an assignee of a predecessor in interest, seeking to enjoin the creditor from attempting to enforce its lien against their real property on the ground that the lien was stripped and the underlying debt was discharged. The debtors and the creditor cross- moved for summary judgment.

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opinion summary, case decided on March 15, 2006 , LexisNexis #0406-066
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Belton v. Educ. Credit Mgmt. Corp. (In re Belton)

Feb
14
2006
Ruling
Collection costs associated with a student loan debt previously deemed nondischargeable was also deemed nondischargeable.
Procedural posture

Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8). The court previously ruled that the debtor had failed to prove undue hardship. The only issue was whether the collection costs were also nondischargeable, even though the creditor chose not to claim these collection costs for purposes of a distribution in chapter 13.

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opinion summary, case decided on February 14, 2006 , LexisNexis #0306-100
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In re West

Oct
12
2005
Ruling
Debtor's pre-petition county property taxes were not dischargeable since the taxes were not listed in the debtor's chapter 13 plan.
Procedural posture

A secured creditor filed a motion to allow untimely filing of a proof of claim in a debtor's chapter 13 case, arguing that as it had not been listed on the debtor's schedules, it had not received timely notice of the bankruptcy filing.

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opinion summary, case decided on October 12, 2005 , LexisNexis #0106-034
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