Title

Jurisdiction

Decided date

Filing type

11 U.S.C.

In re Echeman

Nov

2007

Ruling

Debtors could not pay priority unsecured claims from projected disposable income from which their claims had already been deducted.

Procedural posture

A chapter 13 trustee objected to the confirmation of the debtors'plan, on the basis that the plan did not meet the requirements of 11 U.S.C. § 1325(b)(1)(B).

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Court :

Southern District of Ohio ( Judge Walter ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on November 07, 2007 , LexisNexis #1207-126

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11 U.S.C.
- § 350
- § 350(b)

In re Sloan

Oct

2007

Ruling

Trustee could reopen case and withdraw report of distribution in order to administer preoviously undisclosed employment discrimination action.

Procedural posture

After a trustee was notified of a debtor's pending employment discrimination action, he filed a motion to reopen the debtor's bankruptcy case under 11 U.S.C. § 350(b) and to withdraw the report of distribution. The debtor had not disclosed the action in his bankruptcy schedules or any other filings; thus, the trustee was unaware of the asset and did not administer it before the court granted the debtor his discharge and closed the case.

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Court :

Southern District of Ohio ( Judge Walter ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on October 17, 2007 , LexisNexis #1207-097

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11 U.S.C.
- § 1325
- § 1325(b)

In re Kolb

Mar

2007

Ruling

Confirmation of above-median debtors' plan denied due to insufficient payments to unsecured creditors.

Procedural posture

A chapter 13 matter was before the court on the trustee's objection to confirmation of debtor's proposed plan.

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Court :

Southern District of Ohio ( Judge Walter ) [ Bankruptcy Court ]

opinion summary, case decided on March 30, 2007 , LexisNexis #0507-048

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11 U.S.C.
- § 522
- § 522(f)

In re Rudicil

Jun

2006

Ruling

Motion to avoid judicial lien was denied exclusion of dower interest did not impair debtors'exemptions.

Procedural posture

Bankruptcy debtors, a husband and wife, moved to avoid a judicial lien pursuant to 11 U.S.C. § 522(f), alleging that prior liens against the debtors'residence, including the dower interest of the wife, exceeded the value of the residence, and thus the judicial lien impaired the debtors'homestead exemptions.

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Court :

Southern District of Ohio ( Judge Walter ) [ Bankruptcy Court ]

opinion summary, case decided on June 07, 2006 , LexisNexis #0706-057

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11 U.S.C.
- § 502

In re Burkett

Sep

2005

Ruling

Court overruled trustee's objection to creditors'lack of supporting documentation in their proofs of claim since they established the validity, ownership, and amount of the claim and there were no factual disputes on the claims.

Procedural posture

In an adversary proceeding, plaintiff, a chapter 7 trustee, filed an objection to proofs of claim of defendant creditors, requesting disallowance under 11 U.S.C. § 502 primarily because of their failure to attach sufficient supporting documentation to the proofs of claim.

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Court :

Southern District of Ohio ( Judge Walter ) [ Bankruptcy Court ]

opinion summary, case decided on September 15, 2005 , LexisNexis #0106-077

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11 U.S.C.
- § 553
- § 553(a)

U.S. Aeroteam Inc. v. Delphi Automotive Systems LLC (In re United States Aeroteam)

Aug

2005

Ruling

Creditor found to have setoff rights for debt owed more than 90 days before filing, but trial was required to determine creditor's setoff rights for debt owed during 90 days prior to filing.

Procedural posture

Plaintiff debtor filed for bankruptcy. Defendant creditor filed a motion for relief from the automatic stay in order to exercise a right to setoff under 11 U.S.C. § 553. Plaintiff assignee joined in the action to determine whether its security interest in the debtor's accounts receivable affected the right to setoff. Both the debtor and the creditor filed motions for summary judgment.

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Court :

Southern District of Ohio ( Judge Walter ) [ Bankruptcy Court ]

opinion summary, case decided on August 01, 2005 , LexisNexis #0106-096

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