Americredit Fin. Servs. v. Lanier (In re Lanier)
Jun
29
2007
Ruling
Proposed plan modification for surrender of vehicle in full satisfaction of debt pursuant to hanging paragraph did not violate Fifth Amendment.
Procedural posture
Objectant, a secured creditor, opposed debtor's motion to modify a confirmed chapter 13 plan to permit him to surrender a vehicle securing the claim as an alternative to obtaining the creditor's approval of the modification or to paying the claim through the plan. At issue was whether such a modification deprived the creditor of a property right without just compensation in violation of the Fifth Amendment of the United States Constitution.
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Court
:
- 11 U.S.C.
Stapleton v. Talmadge (In re Talmadge)
Jun
28
2007
Ruling
Debtors could not claim ownership expenses for vehicles owned free and clear and were not eligble under chapter 7.
Procedural posture
Movant United States trustee filed a motion to dismiss a petition which respondent debtors filed under chapter 7, claiming that the debtors were not eligible for chapter 7 relief.
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Court
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Independent Mortg. Co. v. Porter (In re Porter)
Jun
15
2007
Ruling
Confirmation denied where debtor failed to explain why delay in selling home until end of plan was necessary for successful reorganization.
Procedural posture
The debtors moved for confirmation of their amended chapter 13 plan.
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Court
:
- 11 U.S.C.
Stapleton v. Baldino (In re Baldino)
Jun
14
2007
Ruling
Non-filing spouse's income could be included in current monthly income calculation only to the extent contributed to household expenses.
Procedural posture
The United States Trustee ("UST") moved for reconsideration of the court's prior order denying the UST's motion to dismiss the debtor's case under 11 U.S.C. § 707(b)(3). The motion alleged that the court's opinion contained a manifest error of law by failing to consider income of the non-filing spouse which was not expressly dedicated to household expenses.
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Court
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Gateway Access Solutions Inc. v. Nester (In re Gateway Access Solutions Inc.)
May
17
2007
Ruling
Adequate protection payments for security interests in FCC lease conversion payments not required as rejection of underlying option contract rendered interests worthless.
Procedural posture
Movant bankruptcy debtor was permitted to reject a contract granting an option to purchase FCC leases from the debtor, and respondent creditors who held security interests in lease conversion payments under the contract asserted that their liens extended to proceeds from postpetition lease sales and that the creditors were entitled to adequate protection under 11 U.S.C. § 363(e) as a condition of the contract rejection.
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Court
:
- 11 U.S.C.
CCI Constr. Co. v. Allfirst Bank (In re CCI Constr. Co.)
Apr
18
2007
Ruling
Bank's departure from procedure in covering outstanding checks was not in ordinary course of business so that payments were preferential.
Procedural posture
Plaintiff, debtor in possession, filed a complaint to set aside several preferential payments by the debtor to defendant bank, its primary business lender, under the terms of 11 U.S.C. § 547(b) or in the alternative, for recovery of improper setoff pursuant to 11 U.S.C. § 553. The bank asserted that the payments were not avoidable as made in the ordinary course of business, under 11 U.S.C. § 547(c)(2).
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Court
:
- 11 U.S.C.
Bierbach v. Wagner
Apr
04
2007
Ruling
Payments on business loan secured by real property owned by debtor's fiancee were made in ordinary course of business and were not preferential.
Procedural posture
Appellant chapter 7 trustee filed an adversary action in the bankruptcy court seeking to recover, pursuant to 11 U.S.C. §§ 547(b), 550(a)(1), alleged preferential transfers that purportedly benefitted appellee, the chapter 7 debtor's fiancee. The parties filed cross-motions for summary judgment. The trustee appealed after the district court granted summary judgment to the fiancee.
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Court
:
- 11 U.S.C.
United States v. Martinez
Mar
07
2007
Ruling
IRS granted relief from stay to setoff tax refunds against tax liabilities.
Procedural posture
Movant IRS appealed the decision that permitted it to setoff respondent debtors'federal income tax refunds against prepetition taxes, but only against priority obligations. The district court remanded the matter to provide the court an opportunity to delineate the facts considered in limiting the setoff to the IRS's priority claim.
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Court
:
- 11 U.S.C.
Stapleton v. Mundy (In re Mundy)
Mar
01
2007
Ruling
Debts scheduled to become due may be deducted as expenses on Form B22A regardless of debtor's intent regarding payment or retention of collateral.
Procedural posture
Movant U.S. Trustee ("UST") sought to dismiss the bankruptcy petition of respondent debtor pursuant to 11 U.S.C. § 707(b)(2).
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Court
:
- 11 U.S.C.
United States v. White
Feb
28
2007
Ruling
Bankruptcy court erred in holding that IRS setoff rights were limited to amount of priority claim.
Procedural posture
Appellant IRS appealed from an order issued by the bankruptcy court, which held that appellee, debtors, automatic stay should be modified to permit the IRS to exercise its setoff rights against the refund of $3,148.00 to the extent of the priority claim of $1,780.52, and denied relief from stay for the excess amount. The case implicated 11 U.S.C. §§ 522 and 553.
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Court
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