Search OpinionsTotal: 106
In re Thongta, 2009 Bankr. LEXIS 1428 (June 2009) -- Judge Kelley
Co-debtor stay of § 1301 did not serve to stay enforcement of the debt because it was not a debt "of the debtor." Further, the stay did not protect the non-filing spouse from collection activities stemming from her own personal liability.
In re Nelsen, 404 B.R. 892 (April 2009) -- Judge Kelley
Debtor's age and downturn in economy did not constitute "exceptional circumstances" to justify discharge of student loan.
In re Dionne, 402 B.R. 883 (April 2009) -- Judge Kelley
In calculating disposable income, Chapter 13 debtors could deduct secured payments that were contractually due on the date of the petition, even though they intended to surrender the collateral.
In re Landry, No. 08-C-947 (April 2009) -- Judge Kelley
District Court opinion affirming the decision of the bankruptcy court. Credit card debt was dischargeable, given that creditor failed to prove fraud or false representation on the part of the debtor.
In re Thongta, 401 B.R. 363 (March 2009) -- Judge Kelley
Creditor's pursuit of Chapter 13 debtor's non-debtor spouse for auto accident claim violated stay when creditor docketed judgment that became a lien on property of the estate.
In re Mravik, 399 B.R. 202 (December 2008) -- Judge Kelley
Language of § 707(b) that a court "may" dismiss indicates discretion, and court declined to dismiss presumed abusive case where no payments would be made to creditors under a Chapter 13 plan.
In re Crawford, 397 B.R. 461 (October 2008) -- Judge Kelley
Negative equity financed as part of new vehicle loan did not qualify for purchase money security interest treatment under the "hanging paragraph" of section 1325(a). The court adopted the "dual purpose" rule, allowing only the portion of the secured claim in the new car to qualify for hanging paragraph treatment.
In re Stascak, No. 08-24392 (October 2008) -- Judge Kelley
Where 401(k) loan will be paid in full before end of Chapter 13 plan, payments on loan must be pro-rated over the life of the plan in order to comply with § 1322(f)
In re Schley, 2008 Bankr. LEXIS 2214 (August 2008) -- Judge Kelley
"Special circumstances" did not exist where debtor worked as an occupational therapist for a school system, only receiving income during 9 months of the year.
In re Cruz, 2008 Bankr. LEXIS 2540 (August 2008) -- Judge Kelley
Entire bonus received in 6-month prefiling period was included in current monthly income.