In re Worrel
Nov
09
2007
Ruling
Expensive vehicle leases of cars used to transport show dogs for debtor husband's low paying job would prevent payment to unsecured creditors and resulted in bad faith dismissal.
Procedural posture
The United States Trustee ("UST") moved to dismiss the debtors' chapter 7 case pursuant to 11 U.S.C. § 707(b)(1) and (3) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
ABI Membership is required to access the full summary of In re Worrel Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Vantiger-Witte
Nov
06
2007
Ruling
Chapter 12 debtor could convert case to chapter 13.
Procedural posture
Though debtor filed a chapter 12 proceeding, no chapter 12 plan was confirmed. After selling the real estate to pay off secured creditors, debtor moved to convert to chapter 13. The trustee appeared and argued that there was no statutory authority for such a conversion. At issue was whether a chapter 12 debtor may convert to a chapter other than chapter 7.
ABI Membership is required to access the full summary of In re Vantiger-Witte Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Binninger
Oct
19
2007
Ruling
Presumption of abuse applied where extra income due to debtor's overtime occurred regularly and possible upcoming retirement was not mandatory.
Procedural posture
The United States Trustee ("UST") moved to dismiss the debtors'chapter 7 case for abuse under 11 U.S.C. § 707(b)(1). Alternatively, the UST argued that the petition be dismissed under 11 U.S.C. § 707(b)(3)(B), the totality of the circumstances test.
ABI Membership is required to access the full summary of In re Binninger Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Vaupel
Aug
28
2007
Ruling
Bankruptcy court declined to approve stipulation based on reaffirmation agreement that would not have been approved.
Procedural posture
The debtors filed for relief under chapter 13, and the matter was converted to a case under chapter 7. The creditor held a security interest in an automobile. The debtor and the creditor filed a reaffirmation agreement reaffirming the debt to the credit union in the amount of $3,397. The parties filed an agreed joint stipulation and order between the debtor and the creditor.
ABI Membership is required to access the full summary of In re Vaupel Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Miller
Aug
20
2007
Ruling
Reaffirmation of loan secured by motorcycle denied as not in debtor's best interest.
Procedural posture
A debtor filed a reaffirmation agreement with a creditor in order to retain a motorcycle, and the court held a hearing in order to evaluate the reasonableness of the reaffirmation.
ABI Membership is required to access the full summary of In re Miller Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
United States Trustee v. Klages (In re Klages)
Aug
02
2007
Ruling
Discharge revoked due to debtor's spending of tax refunds contrary to court orders.
Procedural posture
Plaintiff U.S. trustee filed a proceeding to revoke the discharge of defendant debtor after the debtor failed to deliver the non-exempt portion of certain tax refunds under 11 U.S.C. § 727(d)(2). Pursuant to 11 U.S.C. § 727(d)(3) and (a)(6)(A), the U.S. Trustee also asserted that the debtor willfully disobeyed court orders to attend debtor's examinations.
ABI Membership is required to access the full summary of United States Trustee v. Klages (In re Klages) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Loftus v. Sallie Mae Servicing (In re Loftus)
Jun
29
2007
Ruling
Debtor wife's student loan debt was dischargeable but debtor husband's was not.
Procedural posture
Plaintiff bankruptcy debtors, former husband and wife, brought an adversary proceeding against defendant creditors, seeking a determination that their student loan debt to the creditors was dischargeable based on undue hardship under 11 U.S.C. § 523(a)(8). The bankruptcy court conducted a trial.
ABI Membership is required to access the full summary of Loftus v. Sallie Mae Servicing (In re Loftus) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Fokkena v. Smith (In re Smith)
Jun
12
2007
Ruling
Discharge denied due to debtor's concealment of interests in real estate contract and joint bank account.
Procedural posture
Plaintiff, the U.S. Trustee, sought an order denying a discharge to debtor pursuant to 11 U.S.C. § 727(a)(2) and (a)(4)(A) on claims that debtor concealed property from the estate by omitting assets from his petition and knowingly made a false oath or account when he testified to the accuracy of his petition.
ABI Membership is required to access the full summary of Fokkena v. Smith (In re Smith) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Timmerman
Apr
25
2007
Ruling
Chapter 7 trustee could not serve as attorney for debtor.
Procedural posture
The chapter 7 trustee filed an application to employ himself as attorney for the trustee.
ABI Membership is required to access the full summary of In re Timmerman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Solma
Apr
24
2007
Ruling
Debtor's benefits under late mother's 401(k) plan and life insurance policies were property of the estate.
Procedural posture
The trustee filed a motion for turnover of money that the debtor received from his late mother's 401(k) plan. The debtor objected that the money was not property of the bankruptcy estate, pursuant to 11 U.S.C. § 541(a)(5).
ABI Membership is required to access the full summary of In re Solma Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: