- 11 U.S.C.
In re Martinez
Aug
02
2006
Ruling
Case dismissed due to debtor's failure to file credit counseling certificate.
Procedural posture
After the debtor filed a pro se petition under chapter 7, the United States Trustee filed a motion to dismiss. The court granted the motion. The debtor filed a motion for reconsideration of the dismissal order, which the court treated as a motion to alter or amend judgment.
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Court
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In re Demonica
Jul
31
2006
Ruling
Confirmation objection was sustained because Schedule I had to be used to determine proper expenses to be deducted from projected disposable income.
Procedural posture
The chapter 13 trustee objected to confirmation under 11 U.S.C. § 1325(b), arguing that the debtor was not using all of his disposable income to fund the chapter 13 plan. The instant matter involved the application of Form B22C (used to report and calculate current monthly income for chapter 13 debtors) in the context of confirmation of a chapter 13 plan proposed by a debtor who earned above the median family income.
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Court
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Peterson v. Lewis (In re Jenkins)
Jul
31
2006
Ruling
Trustee was denied authorization to sell property since trustee had not shown that benefit to estate of sale free of interests of debtor's co-owners outweighed any detriment to them.
Procedural posture
This matter was before the court after trial on the adversary complaint filed by the chapter 7 trustee of the estate of the debtor seeking, inter alia, to sell both the estate's interest and the interests of her co-owner siblings in certain real property in Chicago, Illinois.
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Court
:
In re Hudson LLC
Jul
24
2006
Ruling
Court deemed that creditor did not qualify as a purchaser in possession but did hold lien for earnest money deposit.
Procedural posture
Following trial with evidence on the issue of whether the creditor was "in possession" of subject property under 11 U.S.C. § 365(i), the instant order was made and would be entered as Findings of Fact and Conclusions of Law. Trial was held pursuant to pretrial order, and the instant ruling applied as a dispositive ruling on the 11 U.S.C. § 365(i) issue unless the creditor sought to reopen it on motion and notice for good cause shown.
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Court
:
- 11 U.S.C.
In re Arguin
Jul
24
2006
Ruling
Debtors'motion to modify their plan was denied since debtors could not strip down creditor's secured claim that had been previously crammed down when plan was confirmed.
Procedural posture
The debtors sought to modify their confirmed chapter 13 plan to allow the surrender of a used motor vehicle to the secured creditor. Pursuant to 11 U.S.C. § 1329, the debtors proposed to relegate the unpaid secured component of the claim to unsecured status for the balance of the amended plan term and sought to reduce the term of the plan from 56 months to 36 months. The creditor objected to the proposed modification.
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Court
:
In re Flores
Jul
20
2006
Ruling
Court denied automatic stay relief and overruled plan confirmation objection since debtor could include creditor's claim against debtor's property interest despite debtor's lack of privity with creditor.
Procedural posture
Movant creditor filed for relief from the automatic stay pursuant to 11 U.S.C. § 362(d) and an objection to respondent debtor's chapter 13 plan based on the debtor's lack of personal liability and lack of privity.
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Court
:
- 11 U.S.C.
Krist v. Curtis (In re Curtis)
Jul
18
2006
Ruling
Debt was deemed dischargeable despite debtor's false representations since creditor was not justified in relying on these representations.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that his debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (B).
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Court
:
In re JII Liquidating Inc.
Jul
12
2006
Ruling
Court found cause to terminate automatic stay to allow finance company to receive refund of unearned insurance premiums.
Procedural posture
Plaintiff finance company, which financed the purchase of insurance policies by the insured debtors, moved for adequate protection or to lift the automatic stay with respect to unearned insurance premiums. The chapter 7 trustee objected to the relief sought.
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Court
:
Jabamoni v. Zordan (In re Zordan)
Jun
27
2006
Ruling
Debt was deemed nondischargeable since debtor had intent to defraud and engaged in acts of defalcation while acting as fiduciary.
Procedural posture
Plaintiff creditor filed a complaint, seeking to except a debt owed by defendant debtor from discharge pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6).
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Court
:
In re Henry
Jun
01
2006
Ruling
Motion to dismiss was denied since court allowed plan payments to extend beyond maximum period generally allowed.
Procedural posture
The chapter 13 trustee moved to dismiss the debtor's bankruptcy case. The trustee argued that the case should be dismissed because it would take over 60 months to complete, and because the plan was in material default since it will not complete in compliance with the confirmed terms.
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Court
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