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.
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.
In re Moncree, 511 B.R. 922(June 2014) -- Judge Kelley
Debtor not permitted to amend confirmed plan to reduce value of property and thereby reduce amount of secured creditor's claim.