In re Ridings
Dec
22
2013
Ruling
Debtor could not modify confirmed chapter 13 plan to reclassify secured claim as unsecured and pay less than the full amount of the claim.
Issue(s)
Could debtor modify confirmed chapter 13 plan to reclassify secured debt as unsecured and not pay creditor the full amount of its claim?
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Court
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In re Sizemore
Dec
05
2013
Ruling
Life insurance proceeds were property of the estate and not exempt.
Issue(s)
Whether the life insurance proceeds were exemptible under 11 U.S.C.S. § 522(d)(10)(E), (d)(11)(C), (d)(11)(E).
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Court
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Higgason v. Porter (In re New)
Sep
03
2013
Ruling
Trustee could not avoid seller's legal interest in property that was never property of the estate.
Issue(s)
Whether chapter 7 trustee's strong arm powers under 11 U.S.C.S. § 544(a) allowed him to avoid an unrecorded land sale contract between the sellers and the debtors, as purchasers. [2]-The land sale contract gave the debtors an equitable interest in the property, but the sellers retained a legal interest; [2]- The sellers' legal interest was treated as a security interest under Kentucky law, which was evidenced by the properly recorded deed; [3]-The trustee's strong arm powers did not give the trustee any right to avoid the sellers' legal/security interest, which was never part of the debtors' property and never became property of the estate.
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Court
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In re Carter
Aug
07
2013
Ruling
Conversion to chapter 7 denied where nondisclosure of personal injury claim was inadvertent.
Issue(s)
Whether creditor was entitled to relief from stay to proceed against shopping center owned by nine consolidated debtors and two non-debtors..
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Court
:
- 11 U.S.C.
In re Gardstein
Jun
28
2013
Ruling
Debtor ordered to amend plan to address postpetition arrearage or relief from stay would be granted to creditor.
Procedural posture
The matter was before the court on a renewed motion for relief from stay pursuant to 11 U.S.C.S. § 362(d)(1) filed by a creditor. The debtors objected.
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Court
:
- 11 U.S.C.
Rogan v. Vanderbilt Mortg. & Fin. Inc. (In re Dorsey)
May
07
2013
Ruling
Mortgage could be avoided in absence of valid underlying note.
Procedural posture
Chapter 7 trustee and a creditor assignee of debtors' mortgage, filed cross- motions for summary judgment on the trustee's complaint alleging that the assignee's interest in the real property was avoidable pursuant to 11 U.S.C.S. § 544 because the assignee was not entitled to enforce the note on the petition date. The assignee argued it had a properly perfected mortgage.
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Court
:
- 11 U.S.C.
Rogan v. Greentree Fin. Servicing Corp. (In re Nutgrass)
Feb
13
2013
Ruling
Lien against manufactured home could be avoided to the extent improperly perfected.
Procedural posture
A chapter 7 trustee, after filing a complaint to avoid defendant creditor's lien against the debtors' manufactured home under 11 U.S.C.S. § 544, sought summary judgment.
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Court
:
- 11 U.S.C.
In re Cupolo
Feb
05
2013
Ruling
Confirmation denied due to impermissible modification of bank's secured claim.
Procedural posture
A bank objected to confirmation of a debtor's amended chapter 13 plan on the grounds that it impermissibly modified the bank's rights in violation of 11 U.S.C.S. § 1322(b)(2) and (3) and failed to meet the requirements of 11 U.S.C.S. § 1325(a). The bank also filed a motion for relief from stay and the co-debtor stay and for abandonment of property from the estate.
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Court
:
- 11 U.S.C.
In re Hall
Oct
30
2012
Ruling
Extension of stay denied in debtor's third case due to lack of good faith.
Procedural posture
Debtors, a married couple who had filed bankruptcy petitions on two prior occasions and on this occasion were seeking relief under chapter 13, moved for an order extending the automatic stay per 11 U.S.C.S. § 362 as to all creditors. At issue was whether debtors had shown by clear and convincing evidence that the current case was filed in "good faith" as to the creditors to which debtors sought to extend the stay.
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Court
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