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Total: 115

In re Thomas and Natasha Rowell (September 2015) -- Judge Kelley

Construing the language of § 707(b)(2)(D) that certain veterans are exempt from "any form of means testing," the Court dismissed the case under the totality of the circumstances because the wealthy debtors had a large surplus of income over their lavish expenses and they cited no factors such as a medical condition, calamity or inability to fund a Chapter 13 plan to demonstrate their need for Chapter 7 relief.

In re Gary J. Ambrosius (August 2015) -- Judge Kelley

Failure to pay post-petition taxes was not cause for dismissal of Chapter 13 case where the Plan did not require the payment of § 1305 claims.  The tax claims will survive the discharge, and the Debtor is liable for all applicable interest and penalties, but nonpayment did not constitute a violation of the confirmed Plan.

In re Carl and Linda Segebrecht (August 2015) -- Judge Kelley

Homeowners Association Claim for attorneys' fees in litigating with Debtors was not allowed secured claim in Debtors' Chapter 13 case.

Smith v. Capital One Bank (USA) N.A., et al. (In re Karen Smith)

(June 2015) -- Judge Kelley

Co-debtor stay applies to marital consumer debt incurred by nonfiling spouse.

Kelley v. Dahle-Fenske (In re Dahle-Fenske), 525 B.R. 912

(March 2015) -- Judge Kelley

Debt incurred was community claim but phantom discharge did not apply since creditor was not scheduled and did not have notice of deadline to file dischargeability complaint.

In re Rowell, 526 B.R. 300

(January 2015) -- Judge Kelley

Under § 707(b)(2)(D)(ii), as long as the 540-day exclusion from means testing for veterans has not expired when the petition is filed, the exclusion applies, and the debtor is exempt from the means test.

Liebzeit v. Intercity State Bank (In re Blanchard), 520 B.R. 740

(October 2014) -- Judge Kelley

Trustee could not avoid recorded mortgage on Debtors' real property where Debtors had sold property on unrecorded land contract. 

In re Thompson, 520 B.R. 713

(October 2014) -- Judge Kelley

Creditor with disallowed claim required to refund all mortgage payments made on claim; debtors' requests for attorneys' fees and return of mortgage note denied.

In re Ryan, 517 B.R. 905

(September 2014) -- Judge Kelley

In fee allowance dispute, Chapter 13 debtor's attorney bears burden of proving benefit of services to debtor, and in case that does not reach confirmation, the burden may be difficult to meet.  Also, the disclosure requirements of § 329 and Rule 2016(b) are mandatory and strictly enforced. 

Wan Ho Indus. Co., Ltd. v. Hemken (In re Hemken), 513 B.R. 344

(July 2014) -- Judge Kelley

Creditors' complaints for discharge and dischargeability denied because creditors did not carry their burden of proving that debtor acted with requisite fraudulent intent.

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