- 11 U.S.C.
Nash v. Hall
Nov
03
2006
Ruling
Motion for stay granted in no-asset case.
Procedural posture
Plaintiff filed an action against defendant and defendant sought to stay the lawsuit because of a bankruptcy proceeding pursuant to 11 U.S.C. § 362. Defendant also filed a motion to transfer and a motion in limine to preclude plaintiff's witness from testifying at trial.
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Court
:
- 11 U.S.C.
Seay v. United States (In re Seay)
Oct
30
2006
Ruling
Bankruptcy court jurisdiction to determine tax debt was specifically excepted from Internal Revenue Code anti-injunction provision.
Procedural posture
Chapter 7 debtor challenged the IRS assessment of unpaid individual income taxes and interest for debtor's 1982 tax year and further requested a return of tax refunds retained by the IRS as a result of the assessment, and an award of attorneys'fees.
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Court
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In re West
Oct
10
2006
Ruling
Debtor was eligible for chapter 13 discharge where prior chapter 13 case was filed more than two years earlier.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtor's proposed chapter 13 plan. The issue raised by the objection was the proper interpretation of 11 U.S.C. § 1328(f), specifically, whether the time period was measured from the date the discharge was received in the prior case, or from the date the prior case was filed.
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Court
:
- 11 U.S.C.
Morgan v. Goldman (In re Morgan)
Oct
03
2006
Ruling
Debtors and trustee ordered to repay sum improperly released by trustee for roof repairs and used by debtors'for gambling junkets.
Procedural posture
After a chapter 13 trustee disbursed $10,000 to debtors allegedly to fund a roof repair on their home, the court issued an order to both the trustee and debtors to show cause why they should not be required to reimburse the estate for the entire sum. Debtors were also ordered to file an accounting showing how the funds were actually used.
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Court
:
In re Scruggs
May
31
2006
Ruling
Objection to confirmation was sustained since plan failed to propose to pay interest on creditor's secured claim at rate prescribed by Till case.
Procedural posture
Debtors filed a voluntary petition for relief under the provisions of chapter 13. Debtors'plan proposed to pay the sum of $854 per month to the trustee for a period of 60 months. A creditor filed a timely objection to confirmation of the plan, asserting that the plan failed to propose to pay it the present value of its claim over the life of the plan as required by 11 U.S.C. § 1325(a)(5)(B)(ii).
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Court
:
- 11 U.S.C.
In re Cobb
May
22
2006
Ruling
Case was dismissed since debtors' typed statement of exigent circumstances was not a certification sworn to under oath.
Procedural posture
Respondent U.S. trustee objected to petitioner debtors'request for a waiver of the requirement in 11 U.S.C. § 109(h)(1) that they obtain credit counseling before filing their chapter 13 bankruptcy petition.
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Court
:
In re Bost
Apr
26
2006
Ruling
Attorney was ordered to disgorge all fees paid by debtors and was referred for professional discipline and criminal investigation since the attorney provided inadequate representation for all of the debtors.
Procedural posture
An attorney who represented numerous bankruptcy debtors repeatedly filed bankruptcy petitions and pleadings on behalf of debtors which contained errors and omissions, and the attorney was ordered to show cause why the attorney should not be sanctioned.
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Court
:
- 11 U.S.C.
In re Warren
Mar
21
2006
Ruling
Dismissal was not warranted since the debtor completed the required credit counseling on the filing day before filing but needed an extension of time to file the certificate of counseling.
Procedural posture
A bankruptcy debtor obtained credit counseling as required by 11 U.S.C. § 109(h)(1) on the same day, but prior to the time, that the debtor filed his bankruptcy petition, but the debtor was unable to obtain a certificate of credit counseling until several weeks later. The debtor moved to enlarge the time for filing the certificate, and the trustee moved to dismiss the petition.
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Court
:
- 11 U.S.C.
In re Beasley
Mar
16
2006
Ruling
Court ruled that Code section 362(c)(4)(B) for imposing an automatic stay in a subsequent filing applied both to debtors with only one other case within the prior year and those with more than one case.
Procedural posture
The debtor previously filed bankruptcy under chapter 13 on April 25, 2005. That case was dismissed on December 14, 2005. The debtor then filed for bankruptcy again under chapter 13 on January 4, 2006. Before the court was the debtor's motion to impose the automatic stay.
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Court
:
- 11 U.S.C.
In re Wallace
Mar
10
2006
Ruling
Debtor's case was dismissed since the debtor failed to obtain the required prefiling credit counseling or file a certificate of exigent circumstances.
Procedural posture
Before the court in debtor's bankruptcy matter was a motion to dismiss filed by the chapter 13 standing trustee.
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Court
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