In re Kellett
Dec
03
2007
Ruling
Waiver of requirement for filing Form B22A granted where grounds for abuse were clearly lacking.
Procedural posture
In two separate proceedings, the debtors originally filed claims under chapter 13, and the matters were converted to proceedings under chapter 7. The debtors both sought to be excused from any requirements to file Form B22A.
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Court
:
- 11 U.S.C.
Pak v. eCast Settlement Corp. (In re Pak)
Nov
07
2007
Ruling
Confirmation denied due to plan's failure to reflect positive change in debtor's circumstances.
Procedural posture
Appellant debtor filed a petition under chapter 7, but converted his case to one under chapter 13 after the Bankruptcy Court for the Northern District of California granted a U.S. Trustee's (UST's) motion to dismiss the chapter 7 case. Appellees, two creditors, the UST, and a chapter 13 trustee, objected to confirmation of the debtor's chapter 13 plan, and the bankruptcy court denied confirmation. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Iida v. Kitahara (In re Iida)
Sep
26
2007
Ruling
Japanese bankruptcy trustee in foreign main proceeding not required to obtain an order before proceeding against debtor's property in the United States.
Procedural posture
Appellant debtor sought review of a grant of summary judgment entered by the Bankruptcy Court for the District of Hawaii, which ruled that the appellee, the foreign bankruptcy trustee (foreign representative) for debtor's estate in Japan, was not required to obtain an order from a United States court before exercising control over property in the United States owned by the debtor, under chapter 15.
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Court
:
Judge or Jurisdiction information not available
Trejos v. VW Credit Inc. (In re Trejos)
Jul
30
2007
Ruling
Debtors seeking to retain vehicle required to pay full amount of secured debt.
Procedural posture
Debtors filed a petition under chapter 13, and a plan for repaying their creditors. A creditor filed an objection to the plan, and the Bankruptcy Court for the District of Nevada sustained the creditor's objection in part and required the debtors to pay the full amount of a debt they owed on a vehicle. The debtors appealed.
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- 11 U.S.C.
In re Fleishman
Jul
20
2007
Ruling
Debtor's unborn child did not count as member of the household for purposes of calculating applicable commitment period.
Procedural posture
Chapter 13 debtors sought a determination as to whether the debtors'unborn child was a member of their household for purposes of calculating the applicable commitment period under 11 U.S.C. § 1325(b)(4).
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Court
:
- 11 U.S.C.
In re Mullen
May
14
2007
Ruling
Confirmation denied where above-median debtors'plan was for less than five years and did not provide for payment of all allowed unsecured claims in full.
Procedural posture
The court conducted a hearing on the objections of the chapter 13 trustee to confirmation of the above-median income debtors'plan.
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Court
:
- 11 U.S.C.
Kendall v. Lynch (In re Lynch)
Jan
11
2007
Ruling
Bankruptcy court erred in requiring trustee to rely on debtor's original chapter 13 valuation and abandon property when valuation should have been determined upon conversion to chapter 7.
Procedural posture
Appellant, a chapter 7 trustee, sought review of an order of the Bankruptcy Court for the Northern District of California, which compelled the trustee to abandon the residence owned by appellee debtors. The debtors had originally filed a chapter 13 plan, which had been converted to a chapter 7 proceeding post-confirmation.
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- 11 U.S.C.
In re United Soil Recycling Inc.
Aug
01
2006
Ruling
Lessor's claim for environmental cleanup of property leased by debtor was a general unsecured claim.
Procedural posture
A chapter 7 trustee objected to a lessor's motion for payment of priority administrative expenses under 11 U.S.C. § 503 that resulted from an environmental cleanup of the property leased by the debtor. The trustee alleged that the expenses resulted from a claim that arose prepetition and were not entitled to treatment as priority administrative expenses.
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Court
:
In re Schiffman
Mar
02
2006
Ruling
Debtor's objection to the court's chapter 13 plan form was overruled since the debtor sought to exclude tax refunds from estate property.
Procedural posture
Before the court in a chapter 13 bankruptcy matter were debtor's objection to provisions of paragraph 1 of the court's local chapter 13 plan form, as well as the chapter 13 trustee's and a creditor's objections to paragraph 14, and the creditor's objection to paragraph 17, in which the trustee joined, of the amended plan.
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Court
: