- 11 U.S.C.
In re Clements
Jan
11
2010
Ruling
Confirmation denied due to impermissible modification of loan debt.
Procedural posture
Two creditors filed an amended objection to confirmation of the chapter 13 debtors' amended plan on the grounds that the plan violated 11 U.S.C.S. § 1322(b)(2) and 1322(c)(2).
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Court
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McDow v. Meade (In re Meade)
Nov
13
2009
Ruling
Case ordered converted to chapter 13 or dismissed for abuse due to sufficient disposable income to fund plan.
Procedural posture
The U.S. Trustee (UST) filed a Motion to dismiss debtors' voluntary chapter 7 petition on the ground that the petition was an abusive filing. The Motion was tried on August 6, 2009, after which the court took the matter under advisement, allowing the parties to submit written arguments.
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Court
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- 11 U.S.C.
American Express Bank v. Cook (In re Cook)
Aug
28
2009
Ruling
Credit card debt incurred to pay business-related taxes was nondischargeable.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, claiming that credit card charges in the amount of $ 6,056 the husband incurred were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) (Count I), that part of that debt was also nondischargeable under 11 U.S.C.S. § 523(a)(14) (Count II). The parties filed cross-motions for partial summary judgment on Count II.
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Court
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McDow v. Harvey (In re Harvey)
Jul
20
2009
Ruling
Debtor properly deducted payments secured by property intended for surrender from projected disposable income calculation.
Procedural posture
The chapter 7 debtor moved for summary judgment on a motion by the Trustee's to dismiss the debtor's case for abuse pursuant to 11 U.S.C.S. § 707(b)(1). At issue was whether the debtor properly deducted from his projected disposable income the amount of $ 1,526.77 for his monthly payments on the secured debt as an obligation contractually due, despite the debtor's intent to surrender the secured property.
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Court
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Romar Elevators Inc. v. Tomer (In re Tomer)
Jul
14
2009
Ruling
Confirmation reversed and case remanded for determination of whether petition was filed in good faith.
Procedural posture
Debtor was convicted of misappropriation of trade secrets. Prior to her petition for bankruptcy protection, the debtor engaged in various questionable actions causing the good faith of her petition to come into question. Appellant creditor filed an objection to the confirmation of the chapter 13 plan. The bankruptcy court for the Western District of Virginia, at Lynchburg confirmed the debtor's plan. The creditor appealed.
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Court
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Gordon v. Terrace Mortg. Co. (In re Kim)
Jun
17
2009
Ruling
Avoidance of lien reversed where state law care provision covered any alleged defect.
Procedural posture
Appellant secured creditor sought review of an order of the District Court for the Northern District of Georgia affirming the bankruptcy court's denial of the creditor's summary judgment motion and the granting of a summary judgment motion brought by appellee trustee in an adversary proceeding brought by the trustee seeking to allow the trustee to use his strong arm power to avoid the creditor's lien under 11 U.S.C.S. § 544(a).
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Official Comm. of Unsecured Creditors v. Harris (In re Southwest Food Distribs. LLC)
Mar
31
2009
Ruling
Bankruptcy court acted appropriately in denying appointment of counsel to committee of unsecured creditors in addition to regional counsel.
Procedural posture
Appellant committee, which was appointed to represent the interests of a bankruptcy debtor's unsecured creditors per 11 U.S.C.S. § 1102, sought review of the District Court for the Northern District of Oklahoma's denial of its application for retention of counsel under 11 U.S.C.S. § 1103. Appellee secured creditor objected to its proposed retention of national counsel, arguing that the firm's rates were too high compared to regional counsel.
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Court
:
Judge or Jurisdiction information not available
In re Brown
Jan
16
2009
Ruling
Debtor's secured chapter 13 case, filed while first case was still open, dismissed for bad faith.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the debtor's second bankruptcy petition. The issue was whether the debtor's second bankruptcy petition should be dismissed for cause under 11 U.S.C.S. § 1307(c).
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Court
:
- 11 U.S.C.
In re Styles
Nov
21
2008
Ruling
Single debtor could claim expense deductions for more than one motor vehicle.
Procedural posture
In calculating expenses for purposes of proposing a plan, a bankruptcy debtor claimed operating and ownership expenses for two vehicles. The bankruptcy trustee moved to deny confirmation of the debtor's plan on the ground that the single debtor was not entitled to claim expenses for more than one vehicle.
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Court
:
- 11 U.S.C.
In re Fitzgerald
Oct
10
2008
Ruling
IRS Trust Fund Recovery penalty was personal to the debtors and had to be provided for in plan.
Procedural posture
Chapter 13 debtors objected to a proof of claim filed by the IRS, and the IRS objected to the confirmation of the debtors'plan under 11 U.S.C.S. § 1322(a)(2).
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Court
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