In re Kirk
Dec
21
2011
Ruling
Plan proposing to pay attorneys' and filing fees before paying creditors could not be confirmed.
Procedural posture
Chapter 13 debtors' plan did not comply with 11 U.S.C.S. §§ 1325(a)(3), (5)(B)(iii)(I), 1326(a)(1)(C), because it would pay attorney's fees and filing fees in full before any payments to creditors. The Court announced it would confirm the plan only if it modified to provide for payments to a purchase-money auto lender in equal monthly installments without being delayed. Counsel for the debtors objected and for confirmation without amendment.
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Court
:
- 11 U.S.C.
Moore v. Alabama Dept of Revenue (In re Moore)
Nov
14
2011
Ruling
State taxes were nondischargeable regardless of when assessed.
Procedural posture
Chapter 7 debtors filed an adversary proceeding against defendant Alabama Department of Revenue (ADOR). The parties disputed whether the debtors' taxes for 2007, 2008, and 2009 were nondischargeable under 11 U.S.C.S. § 523(a)(1). The parties each filed motions for summary judgment.
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Court
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In re Kerley
Nov
04
2011
Ruling
Administrative closing of case to prevent accrual of quarterly fees denied.
Procedural posture
Chapter 11 individual debtors sought to have their cases, which contemplated payments to creditors over time from post-confirmation earnings, administratively closed for the purpose of avoiding the payment of quarterly fees to the Bankruptcy Administrator under 28 U.S.C.S. § 1930(a) as well as voiding further monthly operating reports.
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Court
:
In re Dial
Nov
03
2011
Ruling
Relief from stay denied, conditioned upon debtor making monthly payments and maintaining insurance on mortgaged property.
Procedural posture
A creditor filed a motion for relief from stay and from a co-debtor stay pursuant to 11 U.S.C.S. § 362(d).
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Court
:
- 11 U.S.C.
In re Qimonda AG
Oct
28
2011
Ruling
Debtor in foreign proceeding could not terminate U.S. patent licenses.
Procedural posture
The representative of a debtor in a foreign insolvency proceeding moved to eliminate or restrict the applicability of bankruptcy law to allow the representative to terminate U.S. licenses to use the debtor's patents under foreign law. Upon remand from the U.S. District Court for the Eastern District of Virginia, the bankruptcy court considered whether the right to retain the licenses under bankruptcy law should apply under 11 U.S.C.S. § 1506.
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Court
:
- 11 U.S.C.
In re Beasley
Sep
27
2011
Ruling
Confirmation denied and case dismissed due to lack of good faith by debtors two prior chapter 7 discharges.
Procedural posture
The court held a hearing on whether to confirm the debtors' Chapter 13 plan. Both the debtors and the Chapter 13 trustee submitted briefs in support of confirmation.
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Court
:
- 11 U.S.C.
North Alabama Bank v. Brooks (In re Brooks)
Sep
19
2011
Ruling
False joint financial statement by debtor and nondebtor spouse was properly relied upon by creditor resulting in nondischargeable debt.
Procedural posture
Plaintiff creditor sought a determination that debt owed it by defendant debtor was nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(B).
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Court
:
- 11 U.S.C.
Smith v. Smith (In re Smith)
Aug
23
2011
Ruling
Postpetition interest on child support debt was nondischargeable.
Procedural posture
A discharged chapter 7 debtor sought a declaration that unpaid interest on his child-support obligation was discharged in his chapter 7 bankruptcy case, and in particular that such interest was not excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(5). Co-defendant, State of Alabama, Department of Human Resources (DHR), a state agency that collected delinquent child-support obligations, filed a motion for summary judgment.
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Court
:
In re Nwonwu
Aug
12
2011
Ruling
Debtor's eighth chapter 13 case dismissed given inability to support plan.
Procedural posture
The chapter 13 trustee filed an objection to confirmation of the debtor's plan and a motion to dismiss the case for cause under 11 U.S.C.S. § 1307(c). A mortgage creditor filed a motion for relief from the automatic stay under 11 U.S.C.S. § 362.
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Court
:
- 11 U.S.C.
In re Linton
Jul
27
2011
Ruling
Plan paying 100 percent of joint unsecured creditors but only 5 percent of non-joint unsecured creditors confirmed.
Procedural posture
A chapter 13 trustee objected to the confirmation of a plan that proposed a 100 percent payment of unsecured claims on which the debtor and his non-debtor wife were jointly liable while only providing a 5 to 6 percent payout to non-joint unsecured creditors.
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Court
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