- 11 U.S.C.
In re Harris
Aug
26
2008
Ruling
Court orders amounting to allocation of marital property were not domestic support obligations.
Procedural posture
A debtor filed a chapter 13 plan, and his former spouse objected to the plan on the ground that it failed to provide for payment of certain indebtedness, which she asserted was a domestic support obligation under 11 U.S.C.S. § 101(14A).
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Court
:
- 11 U.S.C.
In re Alvo Grain & Feed
Aug
26
2008
Ruling
Bankruptcy did not void executory contracts allowing debtor to assume and assign contracts to buyers.
Procedural posture
Debtor, a grain and feed company in a chapter 11, moved per 11 U.S.C.S. § 365 for orders granting motions to assume executory grain contracts, which contracts would then be assigned to buyers to which debtor had sold the grain for future delivery. Opposing the motion were four producers, parties to the original contracts under which debtor was buying the grain. At issue was whether those contracts were nonassumable as claimed by the producers.
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Court
:
- 11 U.S.C.
Counsell v. Colfack (In re Colfack)
Aug
19
2008
Ruling
Debt related to debtor's fiduciary defalcation was nondischargeable regardless of intent or good faith.
Procedural posture
The plaintiffs, co-trustees of a revocable trust, brought an adversary claim alleging that an obligation of the defendant debtor, a former trustee of the same trust, was not discharged in her chapter 7 bankruptcy as a defalcation pursuant to 11 U.S.C.S. § 523(a)(4). The obligation was a judgment from a state court in Utah. The parties filed cross-motions for summary judgment.
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Court
:
In re Marti
Aug
04
2008
Ruling
Filing just prior to increase in debtor's salary was in bad faith.
Procedural posture
The debtor sought confirmation of a chapter 13 plan. The chapter 13 trustee objected to the confirmation. The bankruptcy court held a hearing.
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Court
:
- 11 U.S.C.
In re Samson
Jul
30
2008
Ruling
Payments on 401(k) loan couldnot be deducted as secured debt obligations.
Procedural posture
The United States Trustee (UST) moved to dismiss the debtors' chapter 7 case pursuant to 11 U.S.C.S. §§ 707(b)(2) and 707(b)(3) on the grounds that the filing constituted an abuse of the provisions of chapter 7.
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Court
:
- 11 U.S.C.
In re Burvial
Jul
09
2008
Ruling
Rent due under postpetition, prerejection cropland lease was an administrative expense only to extent debtor used premises in that period.
Procedural posture
The conservator for a landlord of chapter 11 debtors filed a motion to allow a claim in the amount of $ 90,799, plus interest and attorneys' fees and costs, as an administrative expense pursuant to 11 U.S.C.S. § 365(d)(3).
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Court
:
In re Marciniak
Jun
18
2008
Ruling
Chapter 13 debtor could not claim deduction for vehicle intended for surrender.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code and submitted a proposed plan. A chapter 13 trustee objected to confirmation because she asserted that the plan did not commit all of the debtor's projected disposable income, as required by 11 U.S.C.S. § 1325(b). The court held a hearing and issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
Schuett v. Finkey (In re Finkey)
May
21
2008
Ruling
Post-divorce credit card charges were nondischargeable pursuant to hold-harmless obligation in separation agreement.
Procedural posture
Plaintiff ex-wife filed an adversary proceeding under 11 U.S.C.S. § 523(a)(15) to determine the dischargeability of credit card charges incurred by defendant ex-husband post- separation on a jointly owned account. She sought summary judgment.
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Court
:
- 11 U.S.C.
In re Braun
May
15
2008
Ruling
Debtor's obligation under separation decree to pay mortgage debt directly to lender was a nondischargeable domestic support obligation.
Procedural posture
A bankruptcy debtor's plan provided for abandonment of an interest in real property occupied by the debtor's spouse, and for discharge of an obligation to pay the mortgage debt on the property under a decree of legal separation. The spouse asserted that the mortgage debt was a nondischargeable domestic support obligation, the debtor objected to the spouse's claim based on the debt, and the spouse objected to confirmation of the debtor's plan.
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Court
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In re Vandenberg
May
08
2008
Ruling
Debtor entitled to claim deduction for mortgage payments on property intended for surrender.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. A United States trustee filed a motion to dismiss for abuse pursuant to 11 U.S.C.S. § 707(b)(2) and (3). After a hearing, the court issued findings of fact and conclusions of law.
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Court
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