- 11 U.S.C.
In re Schilke
Nov
27
2007
Ruling
Postpetition taxes arising from sale of farm assets were dischargeable.
Procedural posture
The IRS objected to the confirmation of a chapter 12 debtor's plan.
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Court
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- 11 U.S.C.
In re Dankert
Sep
27
2007
Ruling
Property settlement that was not a domestic support obligation was a general unsecured claim.
Procedural posture
A debtor objected to a claim filed by a creditor, the debtor's former spouse, on the ground that the debt was in the nature of a property settlement and not a domestic support obligation under 11 U.S.C. § 101(14)(A).
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Court
:
- 11 U.S.C.
In re Nissen
Aug
21
2007
Ruling
Case ordered converted or dismissed for substantial abuse where 82% of debtors'income went to mortgage and nothing to unsecured creditors.
Procedural posture
The matter was before the court following a hearing on the motions to dismiss debtors'cases for abuse pursuant to 11 U.S.C. § 707(b)(3) filed by the U.S. Trustee ("UST").
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In re Ward
Jul
03
2007
Ruling
Debtor entitled to discharge in second chapter 13 case filed two years after prior discharge as prohibition period ran from filing date in earlier case.
Procedural posture
The debtors moved to confirm their chapter 13 plan. The chapter 13 trustee filed an objection. The only issue in dispute was whether the debtors were entitled to a chapter 13 discharge under 11 U.S.C. § 1328(f).
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:
In re Tegeder
May
23
2007
Ruling
Fair and equitable plan confirmed over objections of general unsecured creditors who would receive 95% on claims over three years.
Procedural posture
The debtors filed for relief under chapter 11. The debtors filed a first amended chapter 11 plan and the U.S. Trustee filed an objection to the plan. The court issued findings of fact and conclusions of law.
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In re Stevens
Apr
09
2007
Ruling
Where multiple vehicles served as collateral, debtor required to either pay portion representing purchase money security interest in full or surrender one vehicle in full satisfaction of claim.
Procedural posture
A creditor objected to confirmation of a chapter 13 plan, arguing debtor was trying to cram-down its claim in violation of the "hanging paragraph" following 11 U.S.C. § 1325(a)(9). Regarding the "hanging paragraph,"the issue raised here was whether, when multiple vehicles served as collateral, a debtor could retain one vehicle and pay the portion of the loan attributable to that vehicle in full while surrendering the remaining collateral.
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Court
:
- 11 U.S.C.
In re Morales
Mar
28
2007
Ruling
Court refused to extend stay where debtor's third bankruptcy was severely underfunded.
Procedural posture
A chapter 13 debtor filed a motion to extend or impose the automatic stay, pursuant to 11 U.S.C. § 362(c)(4). The United States Department of Agriculture ("USDA") filed a resistance to the motion.
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Court
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Exchange Bank v. Macek (In re Macek)
Mar
09
2007
Ruling
Debtors'mistaken reliance on attorney's advice with regard to preparation of schedules did not give rise to denial of discharge.
Procedural posture
Plaintiff creditor filed a complaint objecting to discharge for defendant debtors, pursuant to 11 U.S.C. § 727(a)(2) and (4). The creditor asserted that the debtors failed to disclose assets in their bankruptcy schedules.
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:
- 11 U.S.C.
In re Ferando
Mar
01
2007
Ruling
Fluctuating income from commissions did not create "special circumstances" sufficient to rebust presumption of abuse.
Procedural posture
The United States Trustee ("UST") moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b)(2) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
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In re Gannon
Feb
20
2007
Ruling
Below-median debtor who did not include bonuses in Form B22A calculation ordered to convert to chapter 13 or face dismissal for substantial abuse.
Procedural posture
The debtor filed for relief under chapter 7. The chapter 7 trustee filed a motion to dismiss the case for abuse, pursuant to 11 U.S.C. § 707(b)(3).
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Court
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