- 11 U.S.C.
In re Engman
Oct
08
2008
Ruling
Trustee could not settle with lienholders over objections of debtor and unsecured creditors.
Procedural posture
A chapter 7 trustee sought approval pursuant to Fed. R. Bankr. P. 9019(a) of settlements reached by him with various lienholders and the co-owners of property in which the bankruptcy estate also held an interest, and the authority to make distributions on account of those liens and co-interests. The debtor and an unsecured creditor objected. The court issued a scheduling order setting out the standard to be used in considering the request.
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Court
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Olson v. Aegis Mortg. Corp. (In re Bloxxsom)
May
30
2008
Ruling
Lot encumbered by mortgage but mistakenly not administered was abandoned upon closure of case.
Procedural posture
Bankruptcy debtors owned two adjacent lots of real property, and plaintiff bankruptcy trustee discovered after the debtors' case was closed that a mortgage intended to provide security based on both lots mistakenly did not include one lot. The trustee reopened the case and brought an adversary proceeding against defendant mortgage creditors to avoid their lien on the omitted lot, and the creditors moved to dismiss the complaint.
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Court
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- 11 U.S.C.
In re Shead
May
06
2008
Ruling
Case properly dismissed as filed in bad faith as part of a two-party dispute.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code. The court withdrew the reference and issued an opinion concerning whether or not the debtor's petition should be dismissed for the debtor's bad faith.
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National Sign & Signal v. Livingston (In re Livingston)
Dec
18
2007
Ruling
Deceit that did not cause harm to creditor did not result in nondischargeability.
Procedural posture
Plaintiff, a judgment creditor and the former employer of the debtor, objected to the dischargeability of its claim against the debtor, based upon the grounds enumerated in 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6).
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Moyer v. ABN AMRO Mortg. Group Inc. (In re Feringa)
Oct
03
2007
Ruling
Trustee's ability to avoid mortgage was not subject to abandonment.
Procedural posture
Plaintiff, the chapter 7 trustee, commenced an adversary proceeding against defendant creditor, seeking to avoid a mortgage the creditor claimed against the debtors'residence, as a preference pursuant to 11 U.S.C. §§ 547 and 550. The creditor asserted the trustee lacked standing due to the running of the limitations period imposed by 11 U.S.C. § 546(a), that the claim had been abandoned when the trustee caused the case to be dismissed.
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Court
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In re Brown
Sep
05
2007
Ruling
Trustee's objection to homestead exemption was moot where house had been removed from estate by confirmation process.
Procedural posture
A chapter 7 trustee objected to the debtor's claimed exemption in the debtor's home.
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In re McGillis
May
18
2007
Ruling
Confirmation denied due to improper calculation of disposable income.
Procedural posture
Debtors moved to confirm their chapter 13 plan over the chapter 13 trustee's objection. The chapter 13 trustee objected because the debtors allegedly were not committing to their unsecured creditors all of their disposable income as required by 11 U.S.C. § 1325(b). The chapter 13 trustee also asserts that the debtors'plan was not proposed in good faith.
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In re Sanchez
Jan
31
2007
Ruling
Workers' compensation settlement proceeds were exempt only to the extent necessary for the support of debtor and dependents.
Procedural posture
The debtor filed for relief under chapter 7 and claimed that two bank accounts were exempt. The trustee objected to the claimed exemptions and filed a motion for summary judgment on the objections.
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Court
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- 11 U.S.C.
In re Van Stelle
Oct
04
2006
Ruling
Insurance proceeds from totalled vehicle were not property of the estate and could not be used to purchase replacement vehicle without creditor's consent.
Procedural posture
Before bankruptcy debtors'chapter 13 plan was confirmed, the debtors'vehicle which was subject to a security interest was in an accident and declared a total loss. After the plan was confirmed, the bankruptcy trustee received an insurance settlement check, payable to both the debtors and the secured creditor, and the debtors moved for leave to use the insurance proceeds to purchase a replacement vehicle.
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Court
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- 11 U.S.C.
In re Wallace In re Wallace
Aug
09
2006
Ruling
State could not create a customized set of bankruptcy exemptions for residents.
Procedural posture
Chapter 7 trustee filed an objection to debtor's claimed exemption in her undivided one-half interest in real property pursuant to Mich. Comp. Laws § 600.5451(1)(n), contending that section 600.5451(1)(n) was unconstitutional because it violated the Supremacy Clause, U.S. Const. art. VI, cl. 2.
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Court
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