- 11 U.S.C.
In re Brandenburg
May
15
2007
Ruling
Presumption of abuse arose after adjustment of disposable income calculation to eliminate improper deduction.
Procedural posture
The debtor filed for relief under chapter 7. The U.S. Trustee filed a motion to dismiss the debtor's case for abuse, based on the presumption of abuse arising under 11 U.S.C. § 707(b)(2) or alternatively under the totality of the circumstances under 11 U.S.C. § 707(b)(3).
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Court
:
In re Nockerts
Dec
14
2006
Ruling
Mortgage payments on property to be surrendered were "scheduled as contractually due" and could be deducted from debtors'current monthly income.
Procedural posture
The U.S. Trustee filed a motion to dismiss chapter 7 debtors'case based on a presumption of abuse under 11 U.S.C. § 707(b)(2) or as an abuse under section 707(b)(3).
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Court
:
- 11 U.S.C.
In re Grunert
Nov
20
2006
Ruling
Car payments are not a prerequisite for the ownership deduction.
Procedural posture
Chapter 13 debtors were above-median debtors who owned two vehicles that had no liens or lease obligations on them. On Form B22C, debtors deducted $471 and $332, respectively, for the Local Standards: transportation ownership/lease expense for their vehicles. A creditor filed an objection to confirmation of debtors'plan, arguing debtors were not allowed to take an ownership/lease expense deduction on any vehicle that was owned free and clear.
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Court
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In re Turkowitch
Nov
16
2006
Ruling
Surrender of vehicles satisfied secured claims in full, including deficiency balance.
Procedural posture
Chapter 13 bankruptcy debtors proposed plans which provided for the surrender of vehicles to creditors secured by the vehicles in full satisfaction of their debts to the creditors under 11 U.S.C. § 1325(a). The creditors objected to confirmation of the debtors'plans on the ground that the hanging paragraph at the end of section 1325(a) did not preclude allowance of unsecured claims for deficiency balances.
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Court
:
- 11 U.S.C.
EZ-Heat Concrete Homes Inc. v. Mertens (In re Mertens)
Sep
21
2006
Ruling
Secured debt was nondischargeable where debtor settled the claim just prior to filing with intention of challenging the lien in bankruptcy.
Procedural posture
Plaintiff creditor filed an adversary complaint for a declaration that the amount owed by defendant debtor on a construction contract was nondischargeable under 11 U.S.C. § 523(a)(2)(A).
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Court
:
- 11 U.S.C.
In re FV Steel & Wire Co.
Sep
01
2006
Ruling
Discharged debtor's unscheduled EEOC action was not barred by judicial estoppel.
Procedural posture
Chapter 11 debtors objected to a former employee's proof of claim pursuant to 11 U.S.C. § 502(b)(1), on the grounds that the claim was barred by judicial estoppel.
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Court
:
- 11 U.S.C.
In re Guzman
Jul
19
2006
Ruling
Court overruled trustee's confirmation objection since determination of "amounts reasonably necessary to be expended" for above-median debtors must be based on Form B22C rather than Schedule I and J.
Procedural posture
Movant chapter 13 trustee objected to confirmation of respondent debtor's plan.
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Court
:
- 11 U.S.C.
In re Racette
May
17
2006
Ruling
Court denied debtor's motion to strike petition in their prior case since it was properly dismissed, rather than declared a nullity, for failure to comply with section 109(h)(1).
Procedural posture
On April 5, 2006, the court entered an order dismissing the debtors'prior case effective April 4, 2006. The reason for the dismissal was the debtors'failure to comply with the pre- petition credit counseling requirement under 11 U.S.C. § 109(h)(1). Also on April 4, 2006, the debtors filed the instant case. The debtors filed a motion asking the court strike the prior 2006 petition.
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Court
:
- 11 U.S.C.
In re Lue Xiong
May
03
2006
Ruling
Trustee was denied turnover of certain property since debtor was entitled to certain exemptions.
Procedural posture
The debtor filed for relief under chapter 7. At the time of the filing, the debtor was married, but his spouse did not join in the proceedings. The trustee filed a motion to compel the turnover of real estate in Kansas, real estate in Wisconsin, a truck, and an automobile, contending that the property was part of the bankruptcy estate pursuant to 11 U.S.C. § 541(a)(2).
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Court
:
In re Gilbertson
Mar
29
2006
Ruling
Trustee-retained collection attorney's compensation request was reduced since the contingency fee arrangement was improvident given that the attorney recovered the alleged fraudulent transer quickly and easily.
Procedural posture
In a chapter 7 case, applicant attorney sought compensation as attorney for the trustee.
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Court
: