- 11 U.S.C.
In re Moon
Jan
26
2007
Ruling
Creditor subject to "hanging paragraph"had no basis to assert unsecured claim after surrender of vehicle.
Procedural posture
The debtor moved to confirm her chapter 13 plan. Creditor filed an objection to confirmation on the grounds that it was not adequately protected by the debtor's proposed plan pursuant to which the debtor proposed to surrender the creditor's collateral, a vehicle, in full satisfaction of the creditor's claim.
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Court
:
- 11 U.S.C.
In re Miller
Jan
18
2007
Ruling
Above median income debtors'disposable income properly calculated using IRS standards and Form B22C.
Procedural posture
Chapter 13 trustee in bankruptcy filed objection to the confirmation of debtors'proposed chapter 13 plan, on the ground that the debtors did not commit all of their projected disposable income to make payments to unsecured creditors as required by 11 U.S.C. § 1325(b)(1)(B). At issue was the proper application of the disposable income test to above median income debtors under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
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Court
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In re Hackney
Jan
12
2007
Ruling
Debtor could not reopen chapter 11 case that had been dismissed rather than closed.
Procedural posture
Debtor filed a motion to reopen his chapter 11 case pursuant to 11 U.S.C. § 350(b). Creditor, debtor's ex-wife, filed an objection.
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Court
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In re Turner
Jan
11
2007
Ruling
Personal injury attorney whose employment by debtor had been approved was allowed contingency fee plus interest.
Procedural posture
The group counsel filed a motion to determine the ownership of a debtor's personal injury claim, to accept an offer in settlement of the claim, and for approval of counsel's attorney's fees and expenses.
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Court
:
- 11 U.S.C.
Money One Fed. Credit Union v. Manegan (In re Menegan)
Nov
24
2006
Ruling
Creditor could not except debt from discharge on grounds of misrepresentation while claiming evidence of reliance was covered by attorney-client privalege.
Procedural posture
Chapter 7 debtor filed a motion for summary judgment in creditor's action, which sought to except credit card debt owed it by debtor from discharge pursuant to 11 U.S.C. § 523(a)(2).
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Court
:
Hosey v. Hosey (In re Hosey)
Nov
14
2006
Ruling
Debt owed pursuant to alleged joint venture was dischargeable absent evidence of intent to defraud.
Procedural posture
Plaintiff, a judgment creditor of defendant debtor, brought an adversary complaint to determine the dischargeability of the judgment that had been obtained in state court, pursuant to 11 U.S.C. § 523(a)(2) and (a)(4).
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Court
:
- 11 U.S.C.
In re Plascencia
Nov
08
2006
Ruling
Chapter 13 plan could not be confirmed where unsecured creditors would receive more in chapter 7 regardless of valuation of home purchased from Habitiat for Humanity.
Procedural posture
The chapter 13 trustee filed objections to debtor's confirmation, arguing that her residential property purchased from a branch of Habitat for Humanity should be valued at its fair market value and not the substantially lower value at which Habitat could repurchase it, and that the proposed plan does not pay creditors at least as much as they would receive in a chapter 7 liquidation, as required under 11 U.S.C. § 1325.
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Court
:
Potter v. City of Hanceville (In re Potter)
Nov
06
2006
Ruling
Police chief debtor could pursue claim for damages and attorneys fees based on bankruptcy discrimination by municipality.
Procedural posture
Defendants, a city and city officials, filed motions for summary judgment in chapter 7 debtor's action, which alleged that defendants denied him continued employment based only on the fact that he had filed bankruptcy, in violation of 11 U.S.C. § 525(a), that the violation entitled him to damages pursuant to the discrimination cause of action created by 42 U.S.C. § 1983, and to attorneys fees under 42 U.S.C. § 1988.
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Court
:
- 11 U.S.C.
Soheily v. Vuong (In re Vuong)
Nov
01
2006
Ruling
Mere promise of future performance did not render debt nondischargeable on grounds of fraud absent requisite intention to deceive when promise was made.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that his debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2) for false pretenses, false representations, or actual fraud.
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Court
:
In re American Canadian Investments Inc.
Nov
01
2006
Ruling
Credit bid could not be included in calculation of trustee's compensation.
Procedural posture
A chapter 7 trustee requested approval of $64,878 as compensation. The U.S. Trustee objected to the application, arguing that the trustee was only entitled to $12,631 because a credit bid could not be included in the calculation of the trustee's compensation under 11 U.S.C. § 326(a).
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Court
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