In re Marti
Feb
02
2009
Ruling
Confirmation of chapter 13 plan denied due to doubts that debtor could make large lump sum payment.
Procedural posture
A debtor filed his second amended chapter 13 plan and the trustee objected, stating essentially that the debtor had the financial ability to increase the monthly plan payment in order to pay a sufficient amount into the plan to pay all claims in full without the need for a lump sum payment at an indeterminate date in the future.
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Court
:
- 11 U.S.C.
In re Uhrenholdt
Jan
26
2009
Ruling
Taxes due on corn raised in debtor's farming operation but used as feed for later cattle feeding operation could be treated as general unsecured claim.
Procedural posture
A debtor filed for relief under chapter 12 of the Bankruptcy Code and a plan was confirmed. The United States, through the Internal Revenue Service (IRS) filed a motion to compel payment of a post-petition tax.
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Court
:
- 11 U.S.C.
U.S. Bank v. Juarez (In re Juarez)
Jan
15
2009
Ruling
Credit card advances incurred within 70 days of petition date were nondischargeable on grounds of fraud.
Procedural posture
Plaintiff creditor filed a Fed. R. Civ. P. 56 motion for summary judgment on its claim that the debt of defendant debtor for cash advances made on his consumer credit account was nondischargeable for fraud under 11 U.S.C.S. § 523(a)(2)(A), (C).
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Court
:
- 11 U.S.C.
Susman Entmt Inc. v. Carey (In re Carey)
Jan
09
2009
Ruling
Creditor who did not object to discharge could not seek denial of discharge after discharge had been granted.
Procedural posture
Plaintiff creditor brought an action against defendant chapter 7 debtors, a husband and wife, under 11 U.S.C.S. § 727(a)(2) and § 523(a)(2)(A). A motion to dismiss filed on behalf of the wife was granted, leaving the husband as the only remaining defendant.
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Court
:
- 11 U.S.C.
In re Rickert
Jan
09
2009
Ruling
Chapter 12 plan could be amended to treat postpetition capital gains taxes from prepetition sale of livestock as unsecured nonpriority claim.
Procedural posture
Chapter 12 debtors filed a motion for permanent treatment of a claim under 11 U.S.C.S. § 1222. The United States/Internal Revenue Service filed an objection.
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Court
:
- 11 U.S.C.
In re Rickert
Dec
29
2008
Ruling
Postpetition taxes arising from sale of debtor's farm assets were unsecured nonpriority claims.
Procedural posture
The debtors filed for relief under chapter 12 of the Bankruptcy Code. The debtors filed a motion for permanent treatment of a claim under 11 U.S.C.S. § 1222 and an amended objection by the Internal Revenue Service (IRS).
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Court
:
In re Pick
Dec
18
2008
Ruling
Approval of sale of property to debtor's son denied due to insufficient recovery for creditors.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code. The debtors filed a motion to approve the sale of real and personal property, pursuant to 11 U.S.C.S. § 363(f), a creditor objected to the sale motions. A bank approved the proposed sale. The bank and the creditor both filed separate motions for relief from the stay and the debtors objected to the motions for relief from the stay.
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Court
:
- 11 U.S.C.
LeRette v. Anderson (In re Anderson)
Nov
06
2008
Ruling
Discharge denied due to inaccuracies and false statements in schedules.
Procedural posture
Plaintiff creditor filed a complaint asserting that defendant debtor should be denied a discharge under 11 U.S.C.S. § 727 because of inaccuracies and/or false statement in the debtor's schedules.
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Court
:
In re Swanson
Oct
07
2008
Ruling
Presumption of abuse arose once debtor's projected disposable income was revised to reflect wife's contributions.
Procedural posture
The U.S. Trustee in a chapter 7 case filed a motion to dismiss the case for abuse pursuant to 11 U.S.C.S. §§ 707(b)(2) and 707(b)(3). A creditor filed a joinder, and the debtor filed a resistance.
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Court
:
- 11 U.S.C.
In re West
Sep
22
2008
Ruling
Default judgment did not provide basis for finding of nondischargeability based on fraud.
Procedural posture
Plaintiff judgment creditor filed this adversary proceeding to except its judgment debt from discharge on the basis of 11 U.S.C.S. § 523(a)(2)(A), alleging that defendants, debtor husband and his construction company, obtained money from it by false pretenses, false representations, or actual fraud. The creditor moved for summary judgment, asserting that the evidence and the state court judgment established that debtor acted fraudulently.
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Court
: