Search OpinionsTotal: 114
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.
In re Luedtke, 2008 Bankr. LEXIS 2118 (July 2008) -- Judge Kelley
Secured creditor's affirmative credit reporting of original debt rather than debt as modified by debtor's confirmed Chapter 13 plan was a violation of § 1327.
In re Price, No. 08-24090 (June 2008) -- Judge Kelley
Utility deposit for above-poverty guideline Chapter 7 debtor was reduced based on debtor's motion under § 366(b).
In re Cannon, 2008 Bankr. LEXIS 1870 (June 2008) -- Judge Kelley
No § 366 utility deposit required when Chapter 7 debtor's income was below poverty guidelines, and deposit could not be required under applicable Public Service Regulations.