- 11 U.S.C.
In re Anderson
Mar
21
2008
Ruling
Debtor properly deducted both secured debt on collateral to be surrendered and authorized amound for leased vehicle in calculating projected disposable income.
Procedural posture
A creditor of chapter 13 debtors objected to the confirmation of their plan.
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Court
:
- 11 U.S.C.
In re Fixit Natl Install Servs.
Mar
20
2008
Ruling
Creditors who did not receive proper notice of bankruptcy were not bound by discharge injunction.
Procedural posture
A debtor filed for relief under chapter 11 of the United States Bankruptcy Code. A plan was confirmed and the debtor received a discharge. The creditors filed claims against the debtor and the debtor sought to enforce the injunction and discharge provisions afforded by its confirmed plan. The creditors sought sanctions, legal fees, and costs.
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Court
:
- 11 U.S.C.
Hoffer v. American Educ. Servs. (In re Hoffer)
Feb
20
2008
Ruling
Creditor's motion to dimiss student loan dischargeability proceeding as not appropriate until discharge was imminent denied.
Procedural posture
Plaintiffs, husband and wife debtors, filed an adversary proceeding against defendant creditor to determine the dischargeability of student loan obligations pursuant to 11 U.S.C.S. § 523(a)(8). The creditor moved to dismiss for lack of subject matter jurisdiction on the basis that the issues were not ripe for decision. The student loans were incurred by the wife (debtor).
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Court
:
- 11 U.S.C.
In re Carter-Bland
Feb
20
2008
Ruling
Debtor's interest in former spouse's employee stock ownership plan was excluded from estate.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to the debtor's claim that the full value of an interest she was awarded in her ex-husband's employee stock ownership plan was not part of her bankruptcy estate.
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Court
:
- 11 U.S.C.
Rhiel v. OhioHealth Corp. (In re Hunter)
Jan
24
2008
Ruling
Trustee not entitled to turnover of debtor's beneficial interest in retirement plan that was subject to ERISA transfer restriction.
Procedural posture
Plaintiff chapter 7 trustees sued defendants, several retirement plans and one annuity plan, to turn over balances in accounts in which their debtors allegedly had interests per 11 U.S.C. § 542. Defendants sought summary judgment that plaintiffs were not entitled to the same by reason of 11 U.S.C. § 541(c)(2). Also at issue was the effect, if any, of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1056(d)(1).
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Court
:
( Judge Preston ) [ Bankruptcy Court ]
- 11 U.S.C.
In re Gibson
Jan
17
2008
Ruling
Personal injury claim proceeds received after confirmation but prior to conversion were properly excepted by debtors.
Procedural posture
The debtors filed a motion asking the court for a declaration that a personal injury claim and the proceeds therefrom, arising after the filing of their chapter 13 petition and before conversion to chapter 7, was theirs and not property of the estate to be administered by the chapter 7 Trustee. The Trustee objected.
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Court
:
In re Meadows
Jan
07
2008
Ruling
Company's failure to return funds from check dated prior to petition date but cashed postpetition violated stay.
Procedural posture
A debtor filed for relief under chapter 13 of the United States Bankruptcy Code. The debtor alleged that a company willfully violated the automatic stay provided for under 11 U.S.C. § 362(a), the debtor sought sanctions.
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Court
:
- 11 U.S.C.
Sherwood v. Sherwood (In re Sherwood)
Dec
19
2007
Ruling
Divorce decree indemnity owed to debtor's spouse for general consumer debts was dischargeable.
Procedural posture
Plaintiff, defendant chapter 7 debtor's ex-wife, brought an adversary proceeding against the debtor, seeking a determination that certain debts owed by the debtor were nondischargeable pursuant to 11 U.S.C. § 523(a)(5) or former 11 U.S.C. § 523(a)(15).
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Court
:
In re Blair
Dec
13
2007
Ruling
Debtors not eligible under chapter 13 due to nonliquidated noncontingent debts in excess of limits guaranteed on behalf of company.
Procedural posture
Debtors filed separate petitions under chapter 13, and two lessors (creditors) filed joint motions to dismiss both cases, claiming that the debtors were not eligible to seek relief under chapter 13, pursuant to 11 U.S.C. § 109(e), because each debtor owed more than $307,675 in noncontingent, liquidated, unsecured debt.
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Court
:
- 11 U.S.C.
In re Inyamah
Nov
20
2007
Ruling
Plan payments less administrative expenses and protection payments were to be returned to debtor upon dismissal of case.
Procedural posture
A chapter 13 trustee filed a motion to disperse funds to a debtor following the dismissal of the debtor's case. A creditor objected, asserting that the funds should be paid to it based on its judgment and garnishment against the debtor.
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Court
: