In re Jarvis
Jul
09
2008
Ruling
Debtor's ineligibility to receive discharge in chapter 13 case filed after chapter 7 discharge limited ability to modify payments to secured creditor.
Procedural posture
A debtor filed a voluntary petition under chapter 13 of the Bankruptcy Code. The case was before the bankruptcy court for decision on confirmation of the debtor's chapter 13 plan.
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Court
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In re Vancil Contr. Inc.
Jan
25
2008
Ruling
Lack of success is not indication that requested professional fees are unreasonable.
Procedural posture
A chapter 11 bankruptcy debtor applied for payment of professional fees of the debtor's counsel, and a creditor who was chairman of an unsecured creditors'committee objected to the application.
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Court
:
- FRBP
In re Plummer
Nov
30
2007
Ruling
Debtors' motion to amend schedules post-confirmation and extend bar date denied as incompatible with plan.
Procedural posture
Chapter 13 debtors filed a motion seeking authorization to amend their Schedule F to add previously unscheduled prepetition creditors and to extend the claims bar date in order to give the added creditors the opportunity to file claims so that their debts to the added creditors would be discharged upon completion of the debtors'chapter 13 plan.
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Court
:
- 11 U.S.C.
Trustees of the Operating Engineers Local 965 Health Benefit Plan v. Westfall (In re Westfall)
Nov
01
2007
Ruling
Debt for health care of debtor's former spouse was nondischargeable due to failure to notify benefit plan of divorce.
Procedural posture
Plaintiff trustees of a health benefit plan brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor failed to notify the trustees of his divorce and that a debt for health benefits paid by the plan on behalf of the debtor's former spouse was nondischargeable based on fraud under 11 U.S.C. § 523(a)(2)(A).
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Court
:
In re Moorman
Sep
28
2007
Ruling
Standard deduction allowed for second vehicle owned free and clear.
Procedural posture
Chapter 13 debtors submitted a proposed plan where, in the calculation of their disposable income pursuant to 11 U.S.C. §§ 1325(b) and 707(b)(2), they claimed an ownership deduction for a second vehicle on their official bankruptcy form B22C. The debtors owned that second vehicle free and clear of liens, and they made no secured debt payment associated with that vehicle.
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Court
:
- 11 U.S.C.
Hickory Point Bank & Trust v. Kucera (in re Kucera)
Aug
22
2007
Ruling
Debt owed based on deposit of and draws against counterfeit check received by debtor in email lottery scam was dischargeable absent intent to defraud.
Procedural posture
Plaintiff bank filed an action against defendant debtor alleging that an obligation that the debtor owed to the bank was nondischargeable under 11 U.S.C. § 523(a)(2)(A). The obligation arose after the debtor deposited a counterfeit check into an account that the debtor had with the bank, and later the debtor defaulted on a promissory note that the debtor gave to the bank to cover the overdraft.
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Court
:
- 11 U.S.C.
Johnston v. Campbell (In re Campbell)
Aug
08
2007
Ruling
Debt based on fraudulent misrepresentation regarding boundaries of real estate was dischargeable due to buyer's failure to make reasonable inquiry.
Procedural posture
The case was before the court on the motion of defendant debtor husband for summary judgment on a complaint filed by plaintiff land purchasers. The complaint sought to except from discharge, under 11 U.S.C. § 523(a)(2)(A), a debt allegedly owed to them by debtor on the grounds that he fraudulently induced them to purchase a 15-acre tract of real estate, p, made fraudulent misrepresentations regarding the boundary lines of the property.
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Court
:
In re Martin
Jul
16
2007
Ruling
Debtors allowed to rebut presumption of abuse with evidence of higher than usual income during statutory period.
Procedural posture
A U.S. Trustee asserted that bankruptcy debtors'statutory calculation of their income and expenses was erroneous, and that a proper calculation of disposable income raised a presumption of bankruptcy abuse under 11 U.S.C. §707(b). The trustee moved to dismiss the debtors'case based on the presumption, but the debtors contended that special circumstances existed to rebut the presumption.
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Court
:
- 11 U.S.C.
In re Carlton
Jun
18
2007
Ruling
Debtors could include deductions for all three of their motor vehicles in calculation of current monthly income.
Procedural posture
After the court overruled a trustee's objections to debtors' Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income ("CMI") and approved confirmation of their chapter 13 plan, the trustee filed a Motion to Reconsider.
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Court
:
- 11 U.S.C.
In re Vandeventer
Apr
20
2007
Ruling
BAPCPA did not authorize trustee to administer otherwise exempt property to satisfy domestic support obligations.
Procedural posture
A chapter 7 trustee filed a timely objection to a debtor's claims of exemptions in a pickup truck and a motorcycle. The trustee asserted that 11 U.S.C. § 522(c)(1) required the disallowance of these exemptions so that the assets might be liquidated and the proceeds paid to the debtor's ex-wife, who held a claim for a domestic support obligation ("DSO").
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Court
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