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In re Nelson

Jul
26
2006
Ruling
Debtor was not eligible for chapter 13 relief since debtor filed plan in bad faith.
Procedural posture

In a prior proceeding, the bankruptcy court summarily ruled that the debtor's proposed chapter 13 plan was filed in bad faith and dismissed the case. The Bankruptcy Appellate Panel for the Ninth Circuit reversed the decision and remanded the case, holding that the bankruptcy court should have permitted the debtor to amend her plan before dismissing the case.

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opinion summary, case decided on July 26, 2006 , LexisNexis #0806-120
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Pleasure Cove Resort Asset Mgmt. Group LLC v. United States (In re Pleasure Cove Resort Asset Mgmt. Group LLC)

Jul
10
2006
Ruling
Court abstained from hearing proceeding since no significant bankruptcy issues were involved.
Procedural posture

Defendant U.S. Bureau of Reclamation filed a motion to dismiss plaintiff debtor's adversary proceeding, which sought to obtain resort property seized by the bureau or compensation for the seizure.

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opinion summary, case decided on July 10, 2006 , LexisNexis #0806-105
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In re Nelson

May
15
2006
Ruling
Order dismissing debtor's chapter 13 case was reversed since debtor was not given opportunity to request additional time to amend plan.
Procedural posture

Appellant bankruptcy debtor proposed a chapter 13 plan, but appellee trustee objected to the plan partly on the basis that the plan proposed only minimal payments with a minimal dividend for creditors. The debtor appealed the order of the Bankruptcy Court of the Northern District of California, which dismissed the debtor's case because the plan was not confirmable.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on May 15, 2006 , LexisNexis #0606-100
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