Search Opinion

In re Martello

A bankruptcy debtor sought confirmation of a chapter 13 plan which provided for payments on the debtor's nondischargeable student loan debt outside of the plan. The bankruptcy trustee objected to confirmation on the grounds that the plan unfairly discriminated against other unsecured creditors in violation of 11 U.S.C.S. § 1322(b)(1), and that the student loan debt did not constitute special circumstances under 11 U.S.C.S. § 707(b)(2)(B).
Ruling: 
Confirmation of plan calling for payment of student loan debt outside plan denied due to discrimination against other unsecured creditors.
ABI Membership is required to access the full summary of In re Martello. 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 05,2008, LexisNexis #0909-020

In re Arrigo

The matter came before the court on confirmation of the Second Amended Chapter 13 Plan filed by debtors, and the objection thereto filed by the Standing Chapter 13 Trustee.
Ruling: 
Trustee's objection to confirmation overruled as there was no substantial change in circumstances to warrant deviation from Form 22C projected disposable income calculation.
ABI Membership is required to access the full summary of In re Arrigo. 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 04,2008, LexisNexis #0209-129

Ivester v. Miller

Appellant attachment lienors challenged a decision of the Bankruptcy Court for the Middle District of North Carolina, which denied the lienors relief from the automatic stay of 11 U.S.C.S. § 362 in order to prosecute a pre-petition state court action against the debtor.
Ruling: 
Bankruptcy court did not err in denying relief from stay to allow creditor to pursue prepetition state court action.
ABI Membership is required to access the full summary of Ivester v. Miller. 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 04,2008, LexisNexis #0109-072

In re Anderson

Appellant debtor sought review of a decision of the United States Bankruptcy Court for the Western District of Michigan, which dismissed the debtor's case when the debtor failed to comply with the credit counseling requirement of 11 U.S.C.S. § 109(h).
Ruling: 
Incarcerated debtor did not qualify for waiver of credit counseling requirement.
ABI Membership is required to access the full summary of In re Anderson. 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 03,2008, LexisNexis #0109-037

Garcia-Lawson v. Garland

Appellant chapter 13 debtor moved for a temporary restraining order and sanctions against appellee husband's attorneys, alleging that 11 U.S.C.S. § 362 imposed an automatic stay on the civil proceedings for dissolution of marriage. The bankruptcy court denied the Fed. R. Bankr. P. 8003 motion, the husband's motion for relief from the automatic stay, and the attorneys' motion to quash subpoenas. The debtor moved for leave to appeal the orders.
Ruling: 
Stay applied to marriage dissolution action only to extent property of the estate would be distributed.
ABI Membership is required to access the full summary of Garcia-Lawson v. Garland. 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 03,2008, LexisNexis #0109-043

In re Hall

Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. A creditor filed an objection to the debtors' plan, claiming that the plan could not be approved because it proposed to cram down the creditor's interest in a vehicle the debtors purchased less than 910 days before they declared bankruptcy, in violation of 11 U.S.C.S. § 1325(a) (hanging paragraph referencing paragraph 5).
Ruling: 
Purchase money security interest in "910 vehicle," exclusive of negative equity, could not be crammed down.
ABI Membership is required to access the full summary of In re Hall. 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 03,2008, LexisNexis #0409-016

Baldwin v. Celli (In re Baldwin)

Appellants, debtors, filed a notice of appeal from a memorandum decision and order of the bankruptcy court which denied confirmation of debtors'chapter 13 Plan (Plan) because they failed to include all disposable income in their Plan. Appellee trustee opposed debtors'appeal.
Ruling: 
Website did not provide appropriate method for calculating tax expense for Form B22C.
ABI Membership is required to access the full summary of Baldwin v. Celli (In re Baldwin). 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 03,2008, LexisNexis #0109-090

In re Polkus

Chapter 7 debtors sought the rescission of a reaffirmation agreement under 11 U.S.C.S. § 524(c)(4). The creditor objected, asserting that the debtors' rescission was untimely and that the creditor had not been properly noticed in writing of the debtors' rescission.
Ruling: 
Objection to debtor's recission of reaffirmation agreement overruled.
ABI Membership is required to access the full summary of In re Polkus. 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 03,2008, LexisNexis #0109-050

Lebbos v. Schuette

Appellant, the debtor in the underlying bankruptcy, sought review of an order of the Bankruptcy Court for the Eastern District of California, that approved the settlement and compromise under Fed. R. Bankr. P. 9019, by appellee trustee of a civil rights assault and battery suit that the debtor had failed to list as an asset of her estate.
Ruling: 
Approval of settlement of unlisted civil rights assualt and battery case affirmed.
ABI Membership is required to access the full summary of Lebbos v. Schuette. 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 02,2008, LexisNexis #0109-099

In re Letterese

After debtor filed a notice of voluntary dismissal of his chapter 13 case, several creditors filed motions to convert the case to a chapter 7. At issue was whether 11 U.S.C.S. § 1307(b) endowed debtor with an absolute right to dismiss regardless of whether allegations of bad faith conduct were pending against debtor.
Ruling: 
Bad faith debtor not entitled to voluntary dismissal of chapter 13 case.
ABI Membership is required to access the full summary of In re Letterese. 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 02,2008, LexisNexis #0109-058

Pages