Skip to main content

Page Banner(Taxonomy)

judge jellen

In re Ryder

Ruling
Debtor in chapter 13 case converted to chapter 7 not required to file Form 22A to avoid dismissal.
Procedural posture

A debtor was ordered to file an Official Bankr. Form 22C, "Statement of Current Monthly Income and Means Test Calculation," a request for an extension of time, or a written request for an order excusing the filing of the form or to have her chapter 7 case dismissed for failure to file the required documents.

ABI Membership is required to access the full summary of In re Ryder Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 18, 2008 , LexisNexis #0908-120

In re Kirwan-Gadsby

Ruling
Fees in converted chapter 7 case approved over objection where original chapter 11 filing had reasonable chance for success.
Procedural posture

A creditor objected to the fees requested by the chapter 7 debtor's counsel.

ABI Membership is required to access the full summary of In re Kirwan-Gadsby Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 11, 2008 , LexisNexis #0908-109

In re Hayle

Ruling
Motion to reconsider granting of relief from stay denied as moot where foreclosure had already taken place.
Procedural posture

A chapter 13 debtor filed motions to reconsider an order, which granted the creditors' motion to vacate the automatic stay under 11 U.S.C.S. § 362(a), to hear the motion to reconsider on shortened time.

ABI Membership is required to access the full summary of In re Hayle Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 01, 2008 , LexisNexis #0908-113

Alam v. Swain (In re Swain)

Ruling
Dishonored guaranty executed by third party in favor of creditor with whom debtor had cohabited did not establish fraud on the part of debtor.
Procedural posture

When defendant debtor filed a chapter 7 bankruptcy, plaintiff creditor filed an adversary complaint by which she sought a ruling that a debt owed to her by the debtor was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (B). Plaintiff, however, abandoned her claim under section 523(a)(2)(B) before trial.

ABI Membership is required to access the full summary of Alam v. Swain (In re Swain) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on November 02, 2007 , LexisNexis #1207-068

Sramek v. Jacobsen (In re REJ Props.)

Ruling
Attorney's reliance on another attorney's opinion did not allow avoidance of responsibility for frivolous filing.
Procedural posture

Plaintiff creditors filed a motion for sanctions pursuant to Fed. R. Bankr. P. 9011 against counsel for defendant debtor. The creditors alleged that counsel filed the debtor's chapter 11 petition frivolously and for an improper purpose.

ABI Membership is required to access the full summary of Sramek v. Jacobsen (In re REJ Props.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 05, 2007 , LexisNexis #1107-023

In re Rains

Ruling
Above-median debtors not allowed fixed allowance of any expense in excess of reasonably necessary actual expenses.
Procedural posture

A creditor filed an objection to confirmation of a chapter 13 plan filed by debtors. The creditor asserted that the proposed plan did not dedicate all of the debtors' projected disposable income to the plan as required by 11 U.S.C. § 1325(b)(1)(B).

ABI Membership is required to access the full summary of In re Rains Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 02, 2007 , LexisNexis #1107-018

In re Bateman

Ruling
Objection to plan sustained where debtor failed to devote all projected disposable income as declared on schedules.
Procedural posture

A chapter 13 trustee filed an objection to the confirmation of a plan filed by a debtor, alleging that the proposed plan did not dedicate all of the debtor's projected disposable income to the plan in accordance with 11 U.S.C. § 1325(b)(1)(B).

ABI Membership is required to access the full summary of In re Bateman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 21, 2007 , LexisNexis #1007-131