- FRBP
In re Marlin
Apr
06
2009
Ruling
Debtor who moved out of state ordered to return to jurisdiction for examination.
Procedural posture
Trustee filed an application for a court order to allow an examination of debtor pursuant to Fed. R. Bankr. P. 2004 pursuant to the debtor's voluntary petition filed under chapter 7. The trustee had objected to the debtor's claim of an exemption in the life insurance cash value and in the debtor's IRA account under S.C. Code Ann. §§ 38-63-40 and 15-41-30(11)(E).
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Court
:
In re Jones
Nov
26
2008
Ruling
Objection to claimed homestead exemption overruled absent direct evidence of fraudulent intent in surrender of real property.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed an objection to property that the debtors claimed as exempt. After a hearing, the court issued findings of fact and conclusions of law.
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Court
:
In re Calhoun
Nov
10
2008
Ruling
Case ordered dismissed or converted for abuse where debtors improperly deducted Social Security income on schedules I and J to shield disposable income from creditors.
Procedural posture
A United States Trustee (UST) filed a motion, pursuant to 11 U.S.C.S. § 707(b)(1), to dismiss the debtors'chapter 7 bankruptcy case for abuse under § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Harmony Holdings LLC
Oct
16
2008
Ruling
Contested claim temporarily allowed to enable creditor to vote on debtor's chapter 11 plan.
Procedural posture
The debtors filed for relief under chapter 11 of the Bankruptcy Code. The movants filed a motion for temporary allowance of chapter 11 claims under Fed. R. Bankr. P. 3018 so that the movants could vote on the debtors' proposed plan of reorganization. The court held a hearing and issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re Waller
Sep
24
2008
Ruling
Court denied approal of reaffirmation agreement for debts owed on real property as not in debtor's best interests under BAPCPA.
Procedural posture
Debtors filed a voluntary petition under chapter 7 of the Bankruptcy Code, and a creditor asked the court to approve agreements the debtors signed which reaffirmed debt they owed on their residence.
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Court
:
- 11 U.S.C.
In re Waller
Sep
24
2008
Ruling
Approval of reaffirmation agreement denied as not in best interest of debtors' who were current with mortgage payments.
Procedural posture
Creditor filed two reaffirmation agreements, which sought to reaffirm debtors' first and second mortgages. Both agreements were filed on an outdated form requiring a hearing for proper determination of whether the reaffirmation agreements created a presumption of undue hardship on debtors. Debtors filed two amended reaffirmation agreements using the current form. The amended reaffirmation agreements indicated a presumption of undue hardship.
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Court
:
- 11 U.S.C.
In re Miller
Sep
24
2008
Ruling
Debtor's proposed valuation of jewelry denied due to discrepancy between claimed value and higher amount owed on jewelry to creditors.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code and claimed on his schedules that he had jewelry valued at $5.00. The debtor also claimed that two creditors held secured claims for over $5,550 in jewelry purchases. The jewelry belonged to the debtor's non-filing spouse. The debtor then filed a motion to redeem and sought a valuation of $230 for the jewelry at issue, pursuant to 11 U.S.C.S. § 722.
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Court
:
- 11 U.S.C.
In re Dumas
Jul
31
2008
Ruling
Relief from stay granted to allow creditor landlord to evict sublessee debtor.
Procedural posture
Pursuant to 11 U.S.C.S. § 362(d)(1), movant landlord sought relief from a stay in the chapter 13 debtor's bankruptcy case in order to conclude a proceeding to evict the debtor and business from its building. The debtor objected, asserting, inter alia, that as a subtenant on the lease, he had a right to exercise the renewal option contained in the lease.
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Court
:
- 11 U.S.C.
In re Harmony Holdings LLC
Jun
23
2008
Ruling
Project encompassing several tracts of land and two entities as owners qualified as "single asset real estate."
Procedural posture
Creditors filed motions to determined whether the cases were single asset real estate cases for purposes of 11 U.S.C.S. § 362(d)(3).
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Court
:
- 11 U.S.C.
In re Gabriel
Mar
27
2008
Ruling
Conversion to chapter 13 denied due to pattern of misconduct in chapter 7 case.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed a motion for turnover of the debtor's 2006 tax refund. The debtor filed a motion to convert the matter to a chapter 13 proceeding.
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Court
: