In re Fuller
Nov
02
2007
Ruling
Security interest in mobile home, but not in real property where located, was not protected from modification.
Procedural posture
Defendant debtor moved to dismiss an involuntary chapter 7 petition that was filed against him under 11 U.S.C. § 303 on the ground that he was not eligible to be a debtor based on his failure to comply with the credit-counseling prerequisite in 11 U.S.C. § 109(h)(1). At issue was whether a debtor against whom such an involuntary petition had been filed must comply with that prerequisite.
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Court
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In re Conyers
Nov
02
2007
Ruling
Negative equity portion of loan secured by motor vehicle could be treated as unsecured but purchase money portion was protected from bifurcation by hanging paragraph.
Procedural posture
A bankruptcy debtor proposed a chapter 13 plan which provided for bifurcation of a claim of a creditor secured by the debtor's vehicle into secured and unsecured claims based on the actual value of the vehicle. The creditor objected to confirmation of the debtor's plan, asserting that bifurcation was precluded under 11 U.S.C. § 1325(a) (hanging paragraph referencing paragraph 5).
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Court
:
- 11 U.S.C.
In re Folger
Oct
16
2007
Ruling
Extension of stay in second case that was filed to avoid consent judgment denied due to debtor's inability to fund plan and effect of delay on creditors.
Procedural posture
A debtor filed a motion to extend the automatic stay under 11 U.S.C. § 362.
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Court
:
- 11 U.S.C.
In re Sale
Oct
15
2007
Ruling
Debtor could not claim vehicle expense where loan payments were made by non-debtor spouse.
Procedural posture
The chapter 7 trustee filed a motion to dismiss the debtor's case pursuant to 11 U.S.C. § 707(b)(2), in the alternative, pursuant to 11 U.S.C. § 707(b)(3). The trustee asserted that the debtor improperly claimed the transportation ownership expense on lines 23 and 24 of Official Bankr. Form B22A, and also deducted the monthly payment on the vehicle by including it in the Marital Adjustment on line 17 of the form.
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Court
:
- 11 U.S.C.
In re Ameritex Yarn LLC
Oct
05
2007
Ruling
Counsel fees awarded in reduced amount where case was not extraordinary and attorneys had not filed administrative expense claim for pre-apppointment services.
Procedural posture
A chapter 7 petition was entered against a debtor. The debtor consented to entry of an order of relief, and converted the case to a chapter 11 proceeding. Counsel for the committee of unsecured creditors (the Committee) filed an application for interim compensation and reimbursement for a six week period. Counsel also sought establishment of procedure for the submission of subsequent applications.
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Court
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In re Davis
Sep
25
2007
Ruling
Secured claim against "910" vehicle required to be paid in full where vehicle was purchased for personal use even though subsequently used for business.
Procedural posture
The debtors filed for relief under chapter 13 and the debtors submitted a proposed plan. A creditor that had provided financing for the debtors'vehicle objected to confirmation of the proposed plan.
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Court
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In re Evans
Aug
27
2007
Ruling
Creditor who failed to timely file deficiency claim in debtor's first chapter 13 case could file claim in second case due to dismissal of first case.
Procedural posture
Creditor filed a motion for relief from stay and relief from the co-debtor stay. The creditor held a note and deed of trust secured by a mobile home and had the right to pursue state law remedies following default by both the debtor and co-debtor before the debtor's first chapter 13 petition was filed. The instant case was the debtor's second chapter 13 filing.
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Court
:
- 11 U.S.C.
KGB Intl Inc. v. Watford (In re Watford)
Aug
09
2007
Ruling
Debtor's misuse of Perishable Agrigultural Commodities Act trust funds resulted in nondischargeable debt.
Procedural posture
Defendant chapter 7 debtor filed motions for summary judgment in plaintiff creditors'actions, which sought a declaration that the debts owed to the creditors under the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. §§ 499a et seq., were nondischargeable pursuant to 11 U.S.C. § 523(a)(4).
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Court
:
- 11 U.S.C.
Shepard v. OQuinn (In re OQuinn)
Aug
09
2007
Ruling
Judgment debt based on employer debtor's failure to apply ERISA deductions to employee's health insurance premiums was nondischargeable.
Procedural posture
Plaintiff judgment creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking a determination that a default judgment debt for the creditor's medical expenses, based on the debtor's failure to maintain health insurance, was nondischargeable under 11 U.S.C. § 523(a)(4) and (6) for fiduciary defalcation and willful and malicious injury. The debtor moved to dismiss the complaint.
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Court
:
- 11 U.S.C.
In re Cutting Edge Enters.
Jul
19
2007
Ruling
Lawsuits by state against tobacco company for violations of Master Settlement Agreement were not subject to stay.
Procedural posture
A corporate debtor filed a petition under chapter 11, and various U.S. states and a U.S. territory filed a motion for relief relating to the automatic stay that was imposed under 11 U.S.C. § 362, seeking an order lifting the stay so that actions the State of Maryland filed against the debtor could proceed.
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Court
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