- 11 U.S.C.
Baskin & Baskin PC v. Carlucci (In re Carlucci)
Mar
12
2007
Ruling
Fees of guardian ad litem for debtor's minor children in custody dispute were in the nature of support and nondischargeable.
Procedural posture
Plaintiff guardian ad litem ("GAL") filed a motion for summary judgment on his adversary complaint, which sought a determination that his fees awarded in state court against defendant debtor were nondischargeable, pursuant to 11 U.S.C. § 523(a)(5).
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Court
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Simmons v. Townson
Feb
28
2007
Ruling
Reconversion to chapter 7 was proper when debtor failed to file timely plan or make payments.
Procedural posture
Appellee chapter 13 trustee filed a motion in the bankruptcy court seeking to reconvert appellant chapter 13 debtor's case back to a chapter 7 case pursuant to 11 U.S.C. § 1307(c). The debtor filed a pro se appeal after the bankruptcy court granted the trustee's motion and ordered that his case should proceed as a chapter 7 case.
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Court
:
- 11 U.S.C.
Ghee v. Retailers Natl Bank (In re Ghee)
Feb
23
2007
Ruling
Discharged debtor who had not been pursued post-discharge could not claim violation of discharge injunction on behalf of non-debtor spouse.
Procedural posture
Plaintiff debtor brought an adversary complaint against defendants, a state judge, attorneys, and a creditor, alleging they conspired to commit fraud and violate the discharge injunction and automatic stay in violation of 11 U.S.C. § 524 for pursuing a judgment against his non- debtor wife on a discharged debt. The various defendants each filed motions to dismiss for lack of subject matter jurisdiction and failure to state a claim.
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Court
:
- 11 U.S.C.
Watts v. Argent Mortg. Co. LLC (In re Hunt)
Feb
23
2007
Ruling
Transfer of security interets in property took place upon delivery which was outside of 90 days prior to filing and were not preferential.
Procedural posture
Chapter 7 trustee sought to avoid, as preferential transfers under 11 U.S.C. § 547(b), first and second priority purchase money security deeds held by creditor on debtor's residence that were presented for recording ten and six weeks, respectively, after their execution and funding and within 90 days of debtor's bankruptcy filing. Trustee and creditor filed cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Webb
Feb
22
2007
Ruling
Direct payment to student loan creditors allowed under plan for benefit of unsecured creditors.
Procedural posture
The debtors moved for confirmation of their chapter 13 plan in which they proposed to make regular monthly payments directly to their student loan creditors with a one percent payout to all other unsecured creditors. The chapter 13 trustee filed objections to confirmation on the grounds that the direct payments to the student loan creditors discriminated unfairly against the other unsecured creditors in violation of 11 U.S.C. § 1322(b)(10).
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Court
:
In re Arnell
Dec
26
2006
Ruling
Creditor credit union violated stay by exercising unauthorized setoff against debtor's account.
Procedural posture
Chapter 7 debtor filed a motion for sanctions against creditor, a credit union, pursuant to 11 U.S.C. § 362(h).
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Court
:
- 11 U.S.C.
In re Freeman
Dec
22
2006
Ruling
Plan could include interest payments on unsecured nondischargeable debt.
Procedural posture
The debtor's proposed chapter 13 plan provided, inter alia, that the debtor would continue to maintain direct payments on her unsecured student loan debt. The chapter 13 trustee objected to confirmation of the proposed plan on the ground that the plan violated 11 U.S.C. § 1322(b)(10), which prohibited payment of postpetition interest on an unsecured, non-dischargeable debt unless the debtor proposed to pay all other allowed claims in full.
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Court
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In re Leaks
Dec
21
2006
Ruling
Confirmation denied as debtor could not surrender vehicle to secured creditor in full satisfaction of debt where value of car was less than creditor's claim.
Procedural posture
The debtor moved for confirmation of his chapter 13 plan. The plan proposed to surrender a car in full satisfaction of the purchase money debt owed to creditor secured by that car, even though the car was worth less than the amount of the debt. The creditor, which obtained stay relief, repossessed the car, and sold it, objected to the plan because it did not provide for payment of the deficiency claim.
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Court
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Citizens Auto Fin. Inc. v. Davis (In re Davis)
Dec
14
2006
Ruling
Debtor could not surrender vehicle in full satisfaction of creditor's secured claim.
Procedural posture
Objector creditor challenged the confirmation of respondent debtors'chapter 13 plan, which proposed to satisfy the creditor's claim in full by surrender of a car in which the creditor held a purchase money security interest incurred within the 910-day period preceding the filing of the case.
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Court
:
In re Slocum
Dec
12
2006
Ruling
Creditor's post-confirmation objection to debtor's surrender of vehicle in full satisfaction of secured claim sustained.
Procedural posture
Each of the debtors'confirmed chapter 13 plans proposed to surrender a vehicle to a secured creditor in full satisfaction of the debt secured by the vehicle. The secured creditors objected.
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Court
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