- 11 U.S.C.
In re Wilson
Jul
30
2007
Ruling
Above-median debtors could dedcut ownership expsenses on Form B22C for vehicles owned free and clear.
Procedural posture
A chapter 13 trustee filed a timely objection to confirmation of the plan proposed by debtors, a married couple who had filed a chapter 13 proceeding and who were "above- median" debtors for purposes of 11 U.S.C. § 707(b)(2)(A)(ii)(I). At issue was whether debtors were entitled to deduct certain standard vehicle ownership expenses on Official Bankr. Form B22C despite the fact that debtors owned both vehicles free and clear.
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Court
:
- 11 U.S.C.
Robins v. Educational Credit Mgmt. Corp. (In re Robbins)
Jul
09
2007
Ruling
Debtor living below property level and suffering from severe mental condition granted undue hardship discharge of student loan debt.
Procedural posture
Plaintiff debtor filed an adversary proceeding against defendant creditor to determine the dischargeability of his student loans with regard to 11 U.S.C. § 523(a)(8).
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Court
:
In re Belcher
Jun
06
2007
Ruling
Debtors could not turn over insurance proceeds from wrecked vehicle that had been subject to the hanging paragraph in full satisfaction of secured claim.
Procedural posture
Movant creditor objected to confirmation of a modified plan filed by chapter 13 debtors, who had originally agreed to pay the value of the claim in full and to retain the vehicle that secured it. At issue was whether 11 U.S.C. § 1329 or the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") authorized or prohibited a modification allowing debtors to surrender the car in full satisfaction of the claim following a casualty thereto.
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Court
:
- 11 U.S.C.
Wildlife Farms II LLC v. Robinson (In re Robinson)
May
17
2007
Ruling
Discharge denied due to involuntary debtors'numerous omissions and misstatements of fact.
Procedural posture
Plaintiff creditors filed a complaint against defendant debtors. At the trial, plaintiffs dismissed all complaints arising under 11 U.S.C. § 523 and proceeded under the provisions of 11 U.S.C. § 727(a)(2), (3), (4) and (5). The matter was pending decision following trial.
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Court
:
In re Breeding
May
14
2007
Ruling
Redemption of prepetition certificates of deposit did not generate disposable income.
Procedural posture
The chapter 13 trustee objected to confirmation of the debtors'plan, on the basis that the plan improperly treated two certificates of deposit and improperly proposed to pay a creditor outside the plan.
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Court
:
- 11 U.S.C.
Wooten v. Reding (In re Reding)
May
03
2007
Ruling
Legal fees incurred by debtor's former spouse in connection with support and custody proceedings was nondischargeable.
Procedural posture
Plaintiff former spouse (spouse) filed a complaint pursuant to 11 U.S.C. § 523(a)(5), seeking a determination of the dischargeability of a debt owned by defendant debtor for attorney's fees arising out of litigation of their divorce decree.
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Court
:
In re Robert
Apr
02
2007
Ruling
Debtors could modify chapter 13 plan due to substantial reduction in income.
Procedural posture
After bankruptcy debtors' chapter 13 plan was confirmed, the debtors suffered a substantial reduction in income and sought to modify their plan under 11 U.S.C. § 1329 to reduce their payments to unsecured creditors. The bankruptcy trustee objected to the proposed modification of the plan.
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Court
:
In re Luton
Mar
08
2007
Ruling
Confirmation denied due to commitment period of less than three years.
Procedural posture
Chapter 13 trustee filed an objection to confirmation of the plan proposed by debtor. The issue was whether the term "applicable commitment period" in 11 U.S.C. § 1325(b) referred to the required duration of a chapter 13 plan, or whether the term was the multiplier used to calculate the minimum amount the debtor must pay to unsecured creditors to obtain a discharge.
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Court
:
- 11 U.S.C.
Fritschen v. Fritschen (In re Fritschen)
Nov
09
2006
Ruling
Debt payable by debtor pursuant to divorce was dischargeable given debtor's financial vulnerability.
Procedural posture
Plaintiff, the debtor's former spouse, filed an adversary proceeding against defendant debtor seeking a determination that a debt designated to be paid by the debtor in the parties'divorce decree was nondischargeable pursuant to 11 U.S.C. § 523(a)(15).
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Court
:
In re Evinger
Nov
06
2006
Ruling
Trustee's motion for turnover of originally unscheduled assets granted due to debtor's delay in making correction.
Procedural posture
Chapter 7 trustee filed a motion for turnover of unscheduled assets pursuant to 11 U.S.C. § 542(a) and objected to the claimed exemptions in the unscheduled assets.
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Court
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