In re Henderson
Jun
06
2012
Ruling
Debtors' whose prior case was dismissed postdischarge were not eligible for a second discharge.
Procedural posture
This matter came before the court on debtors' Motion to Confirm Chapter 13 Plan and the Objection of the Chapter 13 trustee.
ABI Membership is required to access the full summary of In re Henderson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Hufford
Sep
29
2011
Ruling
Funds held by chapter 13 trustee ordered distributed to creditors with undisputed claims upon dismissal.
Procedural posture
The debtors filed a motion to disburse funds held by a Chapter 13 trustee to the debtors. The trustee objected, taking the position that any undisbursed funds should be distributed to creditors according to the terms of the debtors' confirmed Chapter 13 plan.
ABI Membership is required to access the full summary of In re Hufford Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Oparaji v. Wells Fargo Bank (In re Oparaji)
Dec
28
2010
Ruling
Creditor bound by amount of proof of claim filed in debtor's earlier dismissed bankruptcy case.
Procedural posture
Chapter 7 debtor filed a motion for summary judgment on his claim that defendant creditor should be judicially estopped from asserting charges that could have been, but were not, included in its proof of claim filed in debtor's previous bankruptcy case. The debtor also moved for summary judgment on his claim for sanctions against the creditor under Fed. R. Bankr. P. 9011.
ABI Membership is required to access the full summary of Oparaji v. Wells Fargo Bank (In re Oparaji) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Stevenson v. Bankowski (In re Stevenson)
Feb
10
2009
Ruling
Order for disbursement of undistributed chapter 13 plan payments to administrative creditor after dismissal of claim upheld.
Procedural posture
After the dismissal of appellant debtor's chapter 13 case, appellee trustee moved for an order to disburse the debtor's undistributed plan payments. The debtor objected and requested a refund. The Bankruptcy Court for the District of Massachusetts denied the refund request on the ground that the debtor failed to appear at the hearing and ordered the funds distributed to appellee administrative claimant. The debtor appealed.
ABI Membership is required to access the full summary of Stevenson v. Bankowski (In re Stevenson) 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
Wiese v. Community Bank of Cent. Wis.
Jan
08
2009
Ruling
Bankruptcy court did not err in finding cause for terms of chapter 12 plan to remain binding on debtors after voluntary dismissal.
Procedural posture
Appellant creditor, a bank, challenged a judgment of the United States District Court for the Western District of Wisconsin reversing the bankruptcy court's decision that there was "cause" for the terms of appellee debtors' chapter 12 confirmed plan to remain binding on the parties after the debtors' voluntarily dismissed their case under 11 U.S.C.S. § 1208. The debtors moved for sanctions against the bank under Fed. R. App. P. 38.
ABI Membership is required to access the full summary of Wiese v. Community Bank of Cent. Wis. 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
- 11 U.S.C.
In re Dumontier
Jun
13
2008
Ruling
Ruling in prior case that former spouse's claim against debtor's property located in Indian Trust land was unsecured was res judicata in second case.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code in January 2008, and her ex-husband filed a proof of claim on March 6, 2008, alleging that he had a secured claim in the amount of $ 106,710.09 in property the debtor owned. The debtor filed an objection to her ex- husband's claim.
ABI Membership is required to access the full summary of In re Dumontier Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Church with the Good News Inc.
Apr
28
2008
Ruling
Voluntary dismissal by debtor church allowed over objections of creditor municipalities with three year filing bar.
Procedural posture
A chapter 11 debtor sought dismissal of his case, and two municipalities, as parties in interest, filed a motion to either convert the case to chapter 7 or for the appointment of a chapter 11 trustee.
ABI Membership is required to access the full summary of In re Church with the Good News Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Cox
Jan
04
2008
Ruling
Settlement funds from lawsuit pending on petition date were property of the estate and could not be turned over to chapter 13 debtor upon voluntary dismissal.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. Thirteen months later, they filed a motion to dismiss their bankruptcy case, and the court granted their motion and directed distribution of the funds. The debtors filed a motion for an order requiring the chapter 13 trustee to turn over funds. The trustee opposed the motion.
ABI Membership is required to access the full summary of In re Cox Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Evans
Aug
27
2007
Ruling
Creditor who failed to timely file deficiency claim in debtor's first chapter 13 case could file claim in second case due to dismissal of first case.
Procedural posture
Creditor filed a motion for relief from stay and relief from the co-debtor stay. The creditor held a note and deed of trust secured by a mobile home and had the right to pursue state law remedies following default by both the debtor and co-debtor before the debtor's first chapter 13 petition was filed. The instant case was the debtor's second chapter 13 filing.
ABI Membership is required to access the full summary of In re Evans Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Hargrove
Oct
03
2006
Ruling
Case dismissed without prejudice where debtor's counsel failed to electronically file required signature pages due to scanner malfunction.
Procedural posture
The debtors filed a motion to reinstate their bankruptcy case after its dismissal.
ABI Membership is required to access the full summary of In re Hargrove Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: