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In re Plastech Engineered Prods.

Sep
16
2008
Ruling
Section 502(d) does not apply to disallow administrative expenses under section 503(b).
Procedural posture

Debtor objected to the 11 U.S.C.S. § 503(b)(9) motions for administrative expenses filed by numerous parties.

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Commercial opinion summary, case decided on September 16, 2008 , LexisNexis #1008-006
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In re Mayco Plastics Inc.

Jan
04
2008
Ruling
Lender with postpetition financing priority did not hold an administrative expense claim and could not object to confirmation.
Procedural posture

A postpetition lender of a chapter 11 debtor objected to confirmation of the debtor's plan under 11 U.S.C. § 1129(a)(9)(A).

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Commercial opinion summary, case decided on January 04, 2008 , LexisNexis #0208-015
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In re Williams

Dec
04
2007
Ruling
Attorneys' fee application in converted chapter 7 case approved with reduction for fees charged after it became clear chapter 13 plan was underfunded and infeasible.
Procedural posture

A debtor's counsel in a chapter 13 case, which was later converted to chapter 7, filed an application pursuant to 11 U.S.C. § 330(a) for fees incurred post-confirmation, seeking fees in the amount of $5,251 and reimbursement of expenses in the amount of $402.

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Consumer opinion summary, case decided on December 04, 2007 , LexisNexis #0108-041
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In re Ajay Sports Inc.

Jun
12
2007
Ruling
Damages claim for at-will discharge was not subject to cap as not based on employment contract.
Procedural posture

The debtors filed an objection, based on 11 U.S.C. § 502(b)(7), objected to a creditor's proof of claim.

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opinion summary, case decided on June 12, 2007 , LexisNexis #0707-072
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In re Zaporski

Apr
17
2007
Ruling
Case dismissed for substantial abuse where debtor's filing was due to excessive entertainment and lifestyle expenses and debtor could support chapter 13 plan.
Procedural posture

The United States Trustee filed a motion to dismiss chapter 7 debtor's case for abuse under 11 U.S.C. § 707(b)(2) and (3).

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opinion summary, case decided on April 17, 2007 , LexisNexis #0607-010
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In re Particka

Nov
17
2006
Ruling
Secured creditor was entitled to claim a deficiency upon debtor's surrender of vehicle.
Procedural posture

Creditor, a finance company, objected to the provision of a Chapter 13 plan proposed by debtors under which the debtors offered to surrender a vehicle in which the creditor had a secured interest in full satisfaction of the claim thereon, as they claimed was permitted by the so-called "hanging paragraph" added to 11 U.S.C. § 1325(a)(9) by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").

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opinion summary, case decided on November 17, 2006 , LexisNexis #0107-078
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In re Davis

Aug
21
2006
Ruling
Plan confirmation denied due to failure to meet minimum "applicable commitment period."
Procedural posture

After the debtor filed for chapter 13 bankruptcy protection, she filed a chapter 13 plan proposing to make biweekly payments for 36 months. The trustee filed an objection to the plan. The bankruptcy court held a confirmation hearing.

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opinion summary, case decided on August 21, 2006 , LexisNexis #0906-116
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Andrus v. Ajemian (In re Andrus)

Mar
14
2006
Ruling
Court deemed an amount owed by the debtor to the debtor's former spouse to be dischargeable and not within an exception since the obligation was a property settlement.
Procedural posture

Plaintiff debtor sued defendant former spouse, seeking a determination that a debt of $146,184 he owed to her under a divorce judgment was a dischargeable debt and not within the exception to discharge of 11 U.S.C. § 523(a)(5). She filed a motion to dismiss or, alternatively, to abstain, a counter-complaint seeking a determination that the debt was non-dischargeable, and a summary judgment motion. Debtor filed his own summary judgment motion.

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opinion summary, case decided on March 14, 2006 , LexisNexis #0306-126
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