- 11 U.S.C.
Cox v. American Pan Co. (In re Meyers Bakeries Inc.)
May
08
2008
Ruling
Late payments were part of established practice between debtor and creditor and were not avoidable as made in ordinary course of business.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendant creditor to recover two pre-petition transfers as preferential transfers under 11 U.S.C.S. § 547. The creditor raised the affirmative defense of a transfer made in the ordinary course of business pursuant to 11 U.S.C.S. § 547(c)(2)(A).
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Court
:
In re Colclasure
Mar
13
2008
Ruling
Debtors required to calculate monthly disposable income from Form 22C regardless of change in financial circumstances.
Procedural posture
The debtors filed for relief under chapter 13 of the United States Bankruptcy Code, and submitted a proposed plan of reorganization. A chapter 13 trustee objected to confirmation. The court held a hearing and issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
Babin v. Hamilton (In re Hamilton)
Mar
13
2008
Ruling
Debtor could file chapter 13 case four years after discharge in converted chapter 7 case.
Procedural posture
Defendant debtor filed for relief under chapter 13 of the Bankruptcy Code. Plaintiff, a chapter 13 trustee, filed a complaint objecting to discharge. The debtor did not answer the complaint and the trustee filed a motion for default judgment.
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Court
:
- 11 U.S.C.
In re Davis
Feb
26
2008
Ruling
Debtor could claim deduction for operating expenses debtor was paying on vehicle debtor did not own.
Procedural posture
The debtor moved for confirmation of her proposed chapter 13 plan. The chapter 13 Trustee objected to confirmation, arguing that the debtor was not entitled to claim the ownership expense for a vehicle that she owned free and clear of liens and made no "ownership" payment on the vehicle. The trustee also asserted that the debtor was not entitled to claim the operating expense for two vehicles because the debtor only owned one vehicle.
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Court
:
- 11 U.S.C.
In re Coleman
Feb
26
2008
Ruling
Debtors could not take deduction on a vehicle intended for surrender.
Procedural posture
In debtors' chapter 13 Form B22C calculation, they included installment payments on a vehicle they proposed to surrender in their chapter 13 plan, and the trustee filed an objection.
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Court
:
- 11 U.S.C.
McMahon v. Politte (In re Politte)
Dec
20
2007
Ruling
Debtor's division of funds owed to creditor to personal use resulted in nondischargeable debt.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtors, a husband and wife, seeking a judgment that a debt the debtors owed was nondischargeable under 11 U.S.C. § 523(a)(4) and (a)(6). The creditor amended his petition to add a corporation he owned as a plaintiff. The debtors denied that they were liable under any provision of section 523, and the case was tried to the court.
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Court
:
In re Moore
Oct
05
2007
Ruling
Creditor not entitled to relief from stay to exercise alleged right of setoff against debtor spouse's savings account.
Procedural posture
Movant creditor, a credit union, sought relief from stay per 11 U.S.C. § 362 or dismissal relative to a voluntary chapter 13 case filed by debtors, a married couple. Specifically at issue was whether the creditor was entitled to relief from stay to exercise an alleged right of setoff per 11 U.S.C. § 553(a) against debtor wife's separate savings account, by which to recoup liabilities arising by reason of debtors' joint checking account.
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Court
:
- 11 U.S.C.
In re Byrne
Sep
24
2007
Ruling
Trustee could proceed with bad faith dismissal regardless of earlier determination that there was no presumption of abuse.
Procedural posture
Movant, the U.S. Trustee ("UST"), sought dismissal of debtor's case per 11 U.S.C. § 707(b)(3). The motion was opposed by creditor, a bank, and by debtor. At issue was whether the UST was required to file a statement within 10 days of the first meeting of creditors stating whether the case was presumed to be an abuse under section 707(b), as required by 11 U.S.C. § 704(b)(1), prior to filing a motion to dismiss the case under 11 U.S.C. § 707(b)(3).
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Court
:
- FRBP
In re Robinson
Aug
29
2007
Ruling
Debtors'attorneys sanctioned for seeking relief from stay to pursue action clearly barred by res judicata and within bankruptcy court jurisdiction.
Procedural posture
Movants filed two motions, seeking sanctions pursuant to Fed. R. Bankr. P. 9011 against the attorneys for chapter 7 debtors.
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Court
:
- 11 U.S.C.
In re Connors
Aug
03
2007
Ruling
Debtor could not cure mortgage default after foreclosure sale and before delivery of deed.
Procedural posture
Appellant, a chapter 13 debtor, sought review of a decision from the District Court for the District of New Jersey, which held that the debtor did not have a right under 11 U.S.C. § 1322(c)(1) to cure a default on a mortgage secured by the debtor's principal residence between the time the residence was sold at a foreclosure sale and the time the deed was delivered.
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