- 11 U.S.C.
In re Storey
Jul
18
2007
Ruling
Debtors bound by applicable commitment period of 60 months which was a temporal rather than monetary requirement.
Procedural posture
The chapter 13 trustee filed a motion to modify the debtors'chapter 13 plan. The trustee asserted that based on the claims filed, the projected length was less than the applicable commitment period required by 11 U.S.C. § 1325(b), raising the dividend to 50 percent would cause the plan to meet the applicable commitment period.
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Court
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Peabody Landscape Constr. v. Schottenstein
Jul
18
2007
Ruling
Debtors'state law claims against third parties re-vested with debtors post-confirmation and were no longer within bankruptcy court's "related to"jurisdiction.
Procedural posture
Plaintiff landscape construction company filed a voluntary petition for bankruptcy under chapter 11. Defendants, alleged debtors of the company, pursuant to Fed. R. Civ. P. 12(b)(6), filed motions to dismiss the debtor's contract and restitution claims under state law.
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Court
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In re Grimme
Jul
13
2007
Ruling
Vehicle purchased within 910 days of filing by unlicensed debtor, used solely by son to drive debtor to appointments and errands, was intended for personal use so that secured debt was subject to bifurcation.
Procedural posture
A secured creditor of a chapter 13 debtor objected to confirmation of the debtor's plan on the grounds that the debt owed it was not eligible for bifurcation and cramdown pursuant to 11 U.S.C. § 1325(a) (hanging paragraph referencing paragraph 5).
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Court
:
- 11 U.S.C.
Rieser v. Moorman (In re Equity Land Title Agency Inc.)
Jun
12
2007
Ruling
Trustee could not seek to avoid transfers based on court's earlier decision to which transferees were not parties.
Procedural posture
Defendants, recipients of allegedly avoidable transfers, moved to dismiss an adversary complaint filed against them by the chapter 7 trustee to recover those transfers. At issue was whether the trustee might properly pursue a claim per 11 U.S.C. § 550 against defendants based upon the court's earlier decision in a previous adversary proceeding despite the fact that defendants were not parties therein nor in privity with any other party thereto.
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Court
:
- 11 U.S.C.
Schweitzer v. Schweitzer (In re Schweitzer)
Jun
04
2007
Ruling
Debtor's hold harmless agreement with former spouse was incurred in connection with divorce or separation and nondischargeable.
Procedural posture
Plaintiff, a chapter 7 debtor's ex-husband, filed an adversary proceeding against debtor and sought summary judgment that her obligation under a separation agreement to hold him harmless on joint mortgage indebtedness was nondischargeable per 11 U.S.C. § 523(a)(15) and that a hold harmless obligation with respect to the parties'credit cards also included in that agreement was nondischargeable under both 11 U.S.C. § 523(a)(2)(A) and (a)(15).
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Court
:
- 11 U.S.C.
In re Davis
May
24
2007
Ruling
Secured claim in mobile home protected by anti-modification provision.
Procedural posture
The debtors filed for relief under chapter 13 and filed an amended chapter 13 plan. The creditor, who had a perfected mortgage in the debtors'real property and a perfected security interest in the debtors'mobile home, filed an objection to confirmation of the amended plan.
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Court
:
- 11 U.S.C.
Rieser v. Brownmor Co. (In re Pyper Constr. Co.)
May
16
2007
Ruling
Payment by general contractor to sub-subcontractor was not property of debtor subcontractor's estate and not avoidable.
Procedural posture
Plaintiff chapter 7 trustee, on behalf of debtor subcontractor, brought an adversary proceeding to avoid as a preference, pursuant to 11 U.S.C. § 549, a $54,000 payment made by defendant general contractor to defendant sub-sub contractor. The trustee also asserted, pursuant to 11 U.S.C. § 542, that the debtor subcontractor was owed funds from the contractor related to the general contract. The parties moved for summary judgment.
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Court
:
- 11 U.S.C.
Burks v. Mortgage Elec. Registration Sys. (In re Pendergrass)
May
03
2007
Ruling
Mortgage was avoidable as disbursement date under Regulation Z was outside 30-day safe harbor.
Procedural posture
Defendant creditor filed a Fed. R. Bankr. P. 7056 motion for summary judgment on plaintiff trustee's adversary proceeding, which sought to avoid the creditor's mortgage as a preference under 11 U.S.C. § 547(b).
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Court
:
- 11 U.S.C.
In re dePellegrini
Apr
26
2007
Ruling
Case dismissed due to debtors'ability to pay substantial portion of debt.
Procedural posture
The United States Trustee filed a motion to dismiss the chapter 7 debtor's case pursuant to 11 U.S.C. § 707(b)(3).
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Court
:
- 11 U.S.C.
In re Hoerlein
Apr
03
2007
Ruling
Debtors could claim expense allowance for payments on secured debt, even though no payments were to be made, where they intended to surrender the collateral.
Procedural posture
The United States Trustee ("UST") filed a motion to dismiss the debtors'bankruptcy case, pursuant to 11 U.S.C. § 707(b)(2), as an abuse of the provisions of chapter 7.
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Court
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