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Monthly Archives: November 2007

Bankruptcy – Credit Counseling – Waiver – Exigent Circumstances (access required)

A debtor who pleads exigent circumstances for a waiver of the credit counseling requirement to file a Chapter 13 bankruptcy petition has not met the three-part test of 11 U.S.C. Sect. 109(h)(3)(A) and the court cannot grant a waiver but ...

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Bankruptcy – Credit Counseling – Waiver – Ch. 7 (access required)

Although imprisonment alone is not a “disability” sufficient to merit a waiver of the credit counseling requirement under Sect. 109(h)(4) for filing for bankruptcy, this incarcerated debtor is truly unable to participate in either the required credit counseling or financial ...

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Bankruptcy – Confirmed Plan – Arrearage Payment – Bank's New Claim (access required)

A bankruptcy court denies a bank’s newly asserted Claim 5 for $76,044 filed after confirmation of debtors’ Chapter 13 plan that already provided for debtors’ payment of pre- and post-petition arrearages to the bank, even though the bank asserts its ...

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Bankruptcy – Confirmed Plan – Vehicle Surrender – 'Hanging Paragraph' (access required)

The surrender of debtor’s 2005 Ford Mustang to claimant credit union under the terms of debtor’s confirmed Chapter 13 plan discharged his obligation to the credit union and the bankruptcy court sustains debtor’s objection to the credit union’s claim for ...

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Bankruptcy – Plan Confirmation – Auto Loan – 'Hanging Paragraph' (access required)

Under the 2005 Bankruptcy Act, including the “hanging paragraph” amendment to Sect. 1325(a), a finance company’s claim arising from a purchase money security interest in debtors’ 2004 Chrysler van may not be bifurcated into secured and unsecured portions, and debtors’ ...

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Bankruptcy – Proof Of Claim – Loan Payoff Amount (access required)

A bankruptcy court denies without prejudice debtor’s current objections to Claims 1 and 3 filed by Countrywide Home Loans Inc., which debtor contends present disparate and inaccurate claims for the payoff amount for a loan secured by debtor’s real property. ...

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Bankruptcy – Discharge Application – Ch. 13 (access required)

Although debtor contends her work hours for a window and door manufacturer have been reduced and likely will not increase due to a downturn in the housing industry, the bankruptcy court denies debtor’s motion for a discharge from the terms ...

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Bankruptcy – Property Turnover – Trustee Request – Ch. 7 (access required)

A bankruptcy court grants a Chapter 7 trustee’s motion to require debtor to turn over to the bankruptcy estate a pro rata portion of her earned income credit of her federal income tax refund. Debtor argues the EIC is not ...

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Bankruptcy – Plan Confirmation – Exemptions – Ch. 7 (access required)

A Chapter 7 debtor who operated a solo law practice employing a paralegal and title examiner on a contract basis can exempt from the bankruptcy estate $20,909 in wages, as the objecting creditor has not met his burden of proof ...

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