In re Newby
Jun
05
2006
Ruling
Oversecured creditor entitled only to insurance proceeds less amount of successful bid at foreclosure after total loss of property.
Procedural posture
Creditor, a bank, moved to compel turnover of insurance proceeds paid to cover a total loss of debtors'former residence.
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Court
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In re McGuire
Jun
01
2006
Ruling
Chapter 13 plan was denied confirmation since it proposed repayment period for under 60 months and claimed vehicle ownership expense deduction on vehicle owned free and clear of liens.
Procedural posture
Chapter 13 trustee filed a motion to deny confirmation of debtors'chapter 13 plan, on the grounds that the plan was in violation of 11 U.S.C. § 1325(b).
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Court
:
- 11 U.S.C.
Moon v. Bauer (In re Bauer)
Jun
01
2006
Ruling
Court denied personal representative of debtor's estate motion for abstention under section 305 regarding now deceased debtor's life insurance policy proceeds.
Procedural posture
A chapter 7 trustee filed an adversary action against defendant personal representative of debtors'estates seeking turnover of the debtors'life insurance policies proceeds and certain other items pursuant to 11 U.S.C. § 541(a)(5). The representative filed a motion requesting that the proceedings be suspended under 11 U.S.C. § 305 to permit him to administer all of the assets and claims in the probate estates. The trustee opposed the motion.
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Court
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In re Schanuth
May
25
2006
Ruling
Plan was denied confirmation since plan was not feasible due to lack of disposable income and was too short in duration.
Procedural posture
Debtors, husband and wife, petitioned for chapter 13 relief. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") applied to debtors' petition. Debtors proposed a plan and sought confirmation. The chapter 13 trustee moved to deny confirmation of the plan.
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Court
:
- 11 U.S.C.
McArdle v. Alvarez (In re Alvarez)
May
25
2006
Ruling
Debt was deemed nondischargeable since fraud and personal liability were already found in state court action.
Procedural posture
Plaintiff creditors moved for summary judgment against defendant debtor in their action alleging they were entitled to summary judgment on the issue of dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(6).
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Court
:
- 11 U.S.C.
In re Robinson
May
17
2006
Ruling
Court ruled that IRS had right to offset mutual debt related to debtor's prepetition tax liability and rejected argument that plan confirmation extinguished this setoff right.
Procedural posture
Movant chapter 13 debtor objected to the amended claim submitted by claimant IRS. The debtor moved to keep her income tax refunds for two taxable years notwithstanding the IRS'claim that it had a right to set off the refunds against prepetition tax liability. The IRS objected to the motion.
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Court
:
- 11 U.S.C.
In re Renicker
May
15
2006
Ruling
Trustee's motion to deny confirmation was sustained since debtors had failed to submit documentation to prove special circumstances under section 707(b)(2).
Procedural posture
Debtor husband and wife filed a chapter 13 plan proposing to pay what they determined to be all of their disposable income for 60 months. The chapter 13 trustee objected to confirmation of debtors'plan on the grounds that their disposable income was significantly higher than reported.
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Court
:
- 11 U.S.C.
In re Renicker
May
11
2006
Ruling
Plan was denied confirmation since debtors were not entitled to extraordinary expenses claimed, and plan had to calculate disposable income prospectively, not historically.
Procedural posture
The debtors filed for protection under chapter 13. The debtors filed a chapter 13 plan proposing to pay what they determined to be all of their disposable income for 60 months. The chapter 13 trustee objected to confirmation of the debtors'plan.
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Court
:
- FRBP
Tina Livestock Sales Inc. v. Schachtele (In re Schachtele)
May
11
2006
Ruling
Debtors were awarded fees and costs in having to defend against creditor's frivolous appeals of an untimely filed proof of claim.
Procedural posture
Objector-creditor appealed from an order of the Bankruptcy Court for the Eastern District of Missouri, that granted debtors'motions to amend their chapter 13 plan. After oral argument, the objector filed a dismissal of the appeals, and requested that the court deny as withdrawn or moot all actions pending on appeal. Debtors sought sanctions in the form of attorney's fees incurred pursuant to Fed. R. Bankr. P. 8020.
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In re Hicks
May
09
2006
Ruling
Debtors were not entitled to claim exemption in equity in vehicle recovered by trustee from lien avoided by trustee except for amount vehicle was worth above lien amount.
Procedural posture
A chapter 7 trustee objected to debtors'claimed exemptions in a car on the ground that any equity in the car resulted from his powers under 11 U.S.C. § 544 and therefore, debtors could not claim an exemption pursuant to 11 U.S.C. § 522(g).
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Court
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