- 11 U.S.C.
In re Love
Dec
23
2011
Ruling
Fees ordered disgorged due to inadequate representation of debtor on active military duty.
Procedural posture
A chapter 13 debtor sought a determination of whether any payment of fees to her counsel was improper or should be refunded and disgorged under 11 U.S.C.S. § 329(b) and Fed. R. Bankr. P. 2017(b).
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Court
:
- 11 U.S.C.
In re Sturm
Nov
02
2011
Ruling
Debtor ordered to file complete accounting to determine entitlement to marital adjustment against current monthly income.
Procedural posture
After the court granted a motion to dismiss a chapter 7 case under 11 U.S.C.S. § 707(b), the debtor appealed. The appellate judge remanded for the court determine whether to debtor was entitled to make a marital adjustment against her current monthly income under 11 U.S.C.S. § 101(10A)(B). The debtor was directed to supply the court with detailed written information regarding the sources of her husband's credit card obligations.
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Court
:
- 11 U.S.C.
In re Narvais
Oct
21
2011
Ruling
Confirmation denied due to proposed retention of and deduction for payments on whole life insurance policy.
Procedural posture
Debtor filed a petition under Chapter 13 of the Bankruptcy Code and proposed a First Amended Chapter 13 Plan for repaying his debts. The Chapter 13 trustee filed an objection to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
In re McHenry
Sep
30
2011
Ruling
Chapter 13 debtor's payments to secured creditor are authorized under §107(b)(2)(A)(i) and not limited by IRS guidelines.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying their creditors. A bank filed an objection to the debtors' plan, claiming that the plan required the debtors to pay only $4,400 in prepetition arrearages when the debtors owed $6,624 in prepetition arrearages. The Chapter 13 trustee also filed an objection to the debtors' plan.
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Court
:
- 11 U.S.C.
In re Thompson
Aug
29
2011
Ruling
Case dismissed due to improperly listed loan payments and lack of special circumstances.
Procedural posture
The United States Trustee (UST) sought dismissal of debtors' chapter 7 case pursuant to 11 U.S.C.S. §§ 707(b)(1), 707(b)(2), and 707(b)(3).
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Court
:
- 11 U.S.C.
In re Jacoby
Jul
21
2011
Ruling
Plan confirmation denied due to monthly payments on motorcycle that was not a necessary expense.
Procedural posture
Debtors declared chapter 7 bankruptcy and subsequently obtained the court's permission to convert their case to one under chapter 13 of the Bankruptcy Code. The debtors proposed a plan for repaying their creditors, and the United States Trustee ("UST") filed an objection to the debtors' First Modified Plan. The chapter 13 Trustee joined in that objection.
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Court
:
- 11 U.S.C.
DeHart v. Gregory (In re Gregory)
Jul
13
2011
Ruling
Confirmation denied due to failure to dedicate sufficient funds to chapter 13 plan.
Procedural posture
A Chapter 13 trustee objected to debtors' plan on the ground that insufficient funds were being dedicated to the plan.
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Court
:
- 11 U.S.C.
In re Hargis
May
03
2011
Ruling
Debtors were not entitled to additional operating expense deduction in current monthly income calculation for older or well-worn, unencumbered vehicles.
Procedural posture
The chapter 13 trustee objected to confirmation of debtors' plan. The Assistant U.S. Trustee argued at the hearing in support of the chapter 13 Trustee's position.
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Court
:
- 11 U.S.C.
In re Johnson
Mar
11
2011
Ruling
Student loans were not special circumstances but could be separately classified under chapter 13 plan without discriminating against unsecured creditors.
Procedural posture
Chapter 13 debtor sought to pay her student loans in full while paying less than 100 percent to other unsecured creditors. The trustee objected to confirmation of the plan for failing to allocate all of her disposable income toward the repayment of unsecured creditors. Debtor sought to deduct $641 per month for her student loans as a special circumstance under 11 U.S.C.S. § 707(b)(2)(B), under 11 U.S.C.S. § 1325(b)(1)(B).
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Court
:
- 11 U.S.C.
In re Ross
Feb
07
2011
Ruling
Case ordered converted or dismissed for abuse due to debtor's request for anticipated future additional housing costs, charitable contributions, vehicle and tuition costs
Procedural posture
Movant, a bankruptcy administrator, sought a dismissal under 11 U.S.C.S. § 707(b)(2) of a debtor's Chapter 7 case, contending that granting relief to the debtor would constitute an abuse of the provisions of Chapter 7.
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Court
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