In re Koch
Jun
22
2009
Ruling
Debtor's case ordered converted to chapter 13 or dismissed for abuse once 401(k) loan payments were disqualified as expenses.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. A United States Trustee filed a motion to dismiss the case, pursuant to 11 U.S.C.S. § 707(b)(1), based on a presumption of abuse under 11 U.S.C.S. § 707(b)(2) and (3).
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Court
:
In re Cutaia
Dec
11
2008
Ruling
Discharge denied due to debtor's postpetition sale of watch.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against chapter 7 debtor, seeking an order denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2)(B) and (a)(4)(A). The case was tried to the court.
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Court
:
- 28 U.S.C.
In re Van Luvender
Oct
22
2008
Ruling
Trustee's motion to vacate order for waiver of chapter 7 filing fee where requiring debtor to borrow against minimal equity in vehicle would be inequitable.
Procedural posture
After the court entered an order granting a debtor's application for a waiver of the chapter 7 filing fee under 28 U.S.C.S. § 1930(f)(1), the trustee sought to vacate that order.
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Court
:
- 11 U.S.C.
In re Castillo
Oct
10
2008
Ruling
Court utilized "snapshot" approach to determine presumption of abuse did not arise in debtor's case.
Procedural posture
The United States trustee moved to dismiss the debtors' chapter 7 bankruptcy petition pursuant to 11 U.S.C.S. § 707(b)(2) and (3). The bankruptcy court bifurcated the motion to first consider dismissal pursuant to § 707(b)(2).
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Court
:
- 11 U.S.C.
5th Avenue Real Estate Dev. Inc. v. Countrywide Home Loans Inc. (In re 5th Avenue Real Estate Dev. Inc.)
Sep
19
2008
Ruling
Corporte debtor was not an "individual" and not eligible for damages for stay violations.
Procedural posture
Plaintiff debtor filed a complaint against defendants, creditors, alleging that the creditors proceeded with a foreclosure action in violation of the automatic stay. The debtor sought damages under 11 U.S.C.S. § 362(k)(1) in the amount of $ 49,000.
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Court
:
- 11 U.S.C.
In re Jevne
Apr
02
2008
Ruling
Debtors who had not resided in filing state for 730 days preceeding petition date could claim applicable exemptions from state of prior domicile.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code and claimed a homestead exemption pursuant to R.I. Gen. Laws § 9-26-4.1. A trustee objected to the claimed exemption and sought a turnover of the exempted assets.
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Court
:
- FRBP
In re First NLC Fin. Servs. LLC
Jan
28
2008
Ruling
Interim employment of counsel for debtors-in-possession approved.
Procedural posture
The debtors filed an application requesting the entry of an order at the first- day hearings, prior to the 20th day post-petition, approving on an interim basis the employment of counsel for the debtors-in-possession until a final hearing could be convened. The United States Trustee (UST) objected.
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Court
:
- 11 U.S.C.
In re Mulally
Dec
19
2007
Ruling
Confirmation denied where above-median debtors incorrectly calculated monthly disposable income.
Procedural posture
The debtors filed for relief under chapter 13 and submitted a proposed chapter 13 plan. A creditor objected to the plan on the basis that it failed to include all of the debtors'projected disposable income, as required by 11 U.S.C. § 1325(b)(1)(B).
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Court
:
Bakst v. Baldwin (In re Baldwin)
Dec
14
2007
Ruling
Postpetition transfer of residence and personal property to former spouse and children overruled.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendants, the debtor's ex-wife, their minor child, and the ex-wife's child, seeking to set aside a postpetition transfer of real and personal property pursuant to 11 U.S.C. 549 and to recover the property pursuant to 11 U.S.C. § 550, seeking damages for a violation of the automatic stay under 11 U.S.C. § 362(k), seeking to sell real property pursuant to 11 U.S.C. § 363(h).
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Court
:
- 11 U.S.C.
In re Hughey
Dec
14
2007
Ruling
Above-median debtors' plan payments did not need to be stepped up once car loan was paid off.
Procedural posture
A creditor of an above median income chapter 13 debtor objected to confirmation of the debtor's plan on the basis that it failed to include all of the debtor's projected disposable income as required by 11 U.S.C. § 1325(b)(1)(B).
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Court
: