- 11 U.S.C.
In re Osborn
Jan
26
2012
Ruling
Confirmation denied due to failure to properly accommodate nondischargeable priority domestic support obligation.
Procedural posture
A creditor, the former spouse of a chapter 13 debtor, objected to confirmation of his plan, asserting that her claim was a priority unsecured domestic support obligation under 11 U.S.C.S. § 507(a)(1)(A). She also contended that the plan was not filed in good faith under 11 U.S.C.S. § 1325(a)(3). The debtor objected to the classification of the claim as a domestic support obligation.
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Court
:
- 11 U.S.C.
In re McCombs
Dec
21
2011
Ruling
Relief from stay granted to mortgagee where value of property was dropping and couldn't be protected by rental income.
Procedural posture
A bank filed a motion against the chapter 11 debtor for relief from the automatic stay under 11 U.S.C.S. § 362(d)(1) and (2).
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Court
:
- 11 U.S.C.
In re Profl Veterinary Prods.
Dec
16
2011
Ruling
Objection to confirmation sustained due to failure to provide secured creditor with indubitable equivalent of value of claim.
Procedural posture
In a chapter 11 case, a creditor objected to its treatment in the debtor's plan.
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Court
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In re Sullivan
Dec
12
2011
Ruling
Voluntary dismissal granted without prejudice where debtor was ineligible for chapter 13 relief at filing.
Procedural posture
This matter was before the court pursuant to debtor's motion to voluntarily dismiss his chapter 13 case. A creditor moved to have debtor's case dismissed with an injunction so that it could use all available state law remedies to seize debtor's non-exempt property.
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Court
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Brannan v. Wells Fargo Home Mortg. Inc. (In re Brannan)
Nov
07
2011
Ruling
Certification of class of debtors against whom creditor filed fraudulent affidavits denied.
Procedural posture
Chapter 13 debtors sought certification of a class under Fed. R. Civ. P. 23(a) of every debtor in a county in whose case an affidavit was filed by defendant creditor on the ground that every affidavit was improper or fraudulent due to the policies and procedures followed by the creditor and its agents and employees in preparing, executing and filing affidavits in debtors' cases.
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Court
:
- FRBP
In re Basler
Nov
02
2011
Ruling
Settlement providing for debtors, physician and spouse, to purchase physician's professional corporation approved.
Procedural posture
Claimants objected to a proposed settlement between debtors, being a physician and his wife, the chapter 7 trustee, and the U.S. Trustee (UST), of claims raised in debtors' chapter 7 case which settlement provided, inter alia, for debtors to purchase the estate's interest in debtor's professional corporation (PC) through which he practiced medicine. At issue was whether the settlement was properly approved under Fed. R. Bankr. P. 9019.
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Court
:
- 11 U.S.C.
Nebraska Dept of Labor v. Hayes (In re Hayes)
Sep
16
2011
Ruling
State labor department finding that debtor willfully misrepresented overpayment of employment benefits was res judicata as to nondischargeability.
Procedural posture
Plaintiff, the Commissioner of the Nebraska Department of Labor (NDOL), filed an adversary proceeding, requesting that the court find that the amount owed it by defendant debtor was non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
- 11 U.S.C.
Brunswick State Bank v. Koehler (In re Koehler)
Sep
07
2011
Ruling
Loan debts were dischargeable where debtor's representations were not false of fraudulent when made.
Procedural posture
Plaintiff bank filed a complaint against defendant Chapter 7 debtors seeking a determination that debts were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A).
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Court
:
- 11 U.S.C.
In re McBride
Sep
06
2011
Ruling
Creditor's postpetition repossession of leased vehicle violated stay.
Procedural posture
Chapter 13 debtors filed a motion seeking to have secured creditor, a car dealer, show cause why it was not in violation of 11 U.S.C.S. § 362(a)(3) and should not be required to pay damages for the violation, following the creditor's postpetition repossession of a vehicle subject to a closed end motor vehicle lease.
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Court
:
- 11 U.S.C.
In re Calhoun
Aug
19
2011
Ruling
Plan funded by rental and consulting income approved over objection of secured creditors.
Procedural posture
Creditors filed objections to confirmation of the chapter 11 debtor's plan of reorganization (the Plan) under 11 U.S.C.S. §§ 1129(a)(11) and 1123(a)(5).
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Court
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