Search Opinion

In re Wait

The chapter 7 trustee objected to the debtor's claim of a homestead exemption under Iowa Code §§ 499A.18, 561.16, 561.19, and 561.20. The debtor moved for abandonment of property, asserting that the mortgage encumbering the property was an executory contract under 11 U.S.C.S. § 365(d)(1), and because the trustee did not assume or reject it, it was deemed rejected.
Ruling: 
Mortgage is not an executory contract and need not be assumed or rejected by trustee.
ABI Membership is required to access the full summary of In re Wait. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-006

In re Rickert

The debtors filed for relief under chapter 12 of the Bankruptcy Code. The debtors filed a motion for permanent treatment of a claim under 11 U.S.C.S. § 1222 and an amended objection by the Internal Revenue Service (IRS).
Ruling: 
Postpetition taxes arising from sale of debtor's farm assets were unsecured nonpriority claims.
ABI Membership is required to access the full summary of In re Rickert. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 29,2008, LexisNexis #0209-126

In re Roach

The debtors filed for relief under chapter 7 of the Bankruptcy Code, which was converted to a proceeding under chapter 13. A creditor who held a lease with the debtor filed an application for an administrative expense claim under 11 U.S.C.S. § 365(d)(3). The creditor also filed an objection to confirmation of the debtors'amended chapter 13 plan.
Ruling: 
Lessor creditor was not entitled to an administrative expense claim for outstanding rent under lease deemed rejected before chapter 7 was converted to chapter 13.
ABI Membership is required to access the full summary of In re Roach. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0109-075

Barsness v. Wishire Credit Corp. (In re Barsness)

Defendant lender foreclosed upon its mortgage several months before plaintiff debtor, acting pro se, filed a chapter 7 petition. Debtor filed a document seeking injunctive relief to stop the foreclosure action. The document was treated as a complaint to commence an adversary proceeding. The bankruptcy trustee filed a no-asset case notice. Debtor received a discharge. The case was closed. Debtor sought to dismiss the adversary proceeding.
Ruling: 
Adversary proceeding to stop foreclosure dismissed upon closing of debtor's no-asset case.
ABI Membership is required to access the full summary of Barsness v. Wishire Credit Corp. (In re Barsness). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 19,2008, LexisNexis #0209-061

In re Pick

The debtors filed for relief under chapter 13 of the Bankruptcy Code. The debtors filed a motion to approve the sale of real and personal property, pursuant to 11 U.S.C.S. § 363(f), and a creditor objected to the sale motions. A bank approved the proposed sale. The bank and the creditor both filed separate motions for relief from the stay and the debtors objected to the motions for relief from the stay.
Ruling: 
Approval of sale of property to debtor's son denied due to insufficient recovery for creditors.
ABI Membership is required to access the full summary of In re Pick. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 18,2008, LexisNexis #0209-110

In re Lundeen

The husband and wife debtors moved to modify their chapter 13 plan after confirmation. The standing trustee did not object, nor did any other party-in-interest. Nonetheless, the court held hearing on the motion.
Ruling: 
Debtor could not modify plan to justify unauthorized use of tax refunds.
ABI Membership is required to access the full summary of In re Lundeen. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 12,2008, LexisNexis #0209-069

Marby v. United States Dept of Educ. Natl Payment Ctr. (In re Marby)

Plaintiff debtor filed an adversary proceeding seeking a determination that the student loan debts he incurred were included in his chapter 7 discharge pursuant to 11 U.S.C.S. § 523(a)(8).
Ruling: 
Homeless and unemployed debtor granted undue hardship discharge of student loan debt.
ABI Membership is required to access the full summary of Marby v. United States Dept of Educ. Natl Payment Ctr. (In re Marby). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 21,2008, LexisNexis #0109-102

Marie v. Citibank NA (In re Groves)

Plaintiff chapter 7 debtor filed an adversary proceeding against defendant finance companies, seeking a determination that $ 216,849 in student loans she owed two companies were dischargeable under 11 U.S.C.S. § 523(a)(8) because repaying the loans would have imposed an undue hardship.
Ruling: 
Student loan debts discharged to the extent that repayment would impose an undue hardship.
ABI Membership is required to access the full summary of Marie v. Citibank NA (In re Groves). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 21,2008, LexisNexis #0109-049

In re Sickels

When debtors, a married couple who had filed a chapter 7, attempted to rescind a reaffirmation agreement that they had executed with a credit union that held an unrecorded mortgage on their residence, on the ground of mutual mistake, the credit union objected. At issue, inter alia, was whether the statutory period for rescission under 11 U.S.C.S. § 524(c) had expired.
Ruling: 
Objection to recission of reaffirmation agreement on grounds of mutual mistake overruled.
ABI Membership is required to access the full summary of In re Sickels. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 20,2008, LexisNexis #0109-081

In re Ludwig

Debtors, a married couple, moved to modify their chapter 13 plan pursuant to 11 U.S.C.S. § 1329 to suspend payments based on the wife's loss of employment, such suspension to remain in place until the wife became employed once again. The chapter 13 trustee objected to the motion on the ground that it was too vague and that a specific period of suspension had to be identified.
Ruling: 
Modification calling for indefinite suspension of payments due to wife's unemployment denied.
ABI Membership is required to access the full summary of In re Ludwig. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 20,2008, LexisNexis #0109-092

Pages