Search OpinionsTotal: 103
In re Stimac, 366 B.R. 889 (March 2007) -- Judge Kelley
For purposes of Form B22C, above-median debtors may deduct expenses for both their "basic home telephone service" (Line 25A) as well as cell phones and other telecommunications expenses (Line 37), as long as these other expenses are necessary for the health and welfare of the debtor or for the production of income. With respect to the Line 30 deduction for taxes, an above-median debtor may simply deduct the amount withheld from the debtor's paycheck as long as the debtor dedicates 50% of any tax refunds to the plan. If the debtor chooses not to dedicate 50% of the tax refunds, the correct Line 30 tax deduction will be presumed to be the amount actually paid in taxes as evidenced by the most recent tax return filed. The debtor may rebut this presumption by showing that the taxes paid in the most recent year would constitute an inaccurate deduction due to a change in circumstances; the trustee will then have the opportunity to challenge the accuracy or reasonableness of the debtor's calculations.
In re Cline, No. 06-25495-svk (March 2007) -- Judge Kelley
In Chapter 7 Cases, the U.S. Trustee must file his statement of presumed abuse under § 704(b) within 10 days of the first date set for the meeting of creditors rather than the conclusion of the meeting of creditors. Although Bankruptcy Rule 9006 does not permit extension of this deadline, the Court may use its power under § 105(a) to extend the deadline if it appears that the debtor is attempting to abuse the bankruptcy process.
In re Gilbertson, 340 B.R. 618, vacated by 2007 WL 433096. (February 2007) -- Judge Kelley
Compensation for professionals retained under § 328 cannot be reviewed for reasonableness.
In re Nockerts, 357 B.R. 497 (December 2006) -- Judge Kelley
"Scheduled as contractually due" for purposes of § 707(b)(2)(A)(iii) means due under the contract between the debtor and secured creditor. The determination is to be made as of the date of the Chapter 7 petition, for purposes of the "presumption of abuse" in § 707(b)(2)(A)(i), and debtor's intent not to reaffirm is not relevant, as long as debtor is contractually obligated to make the payments on the date of the petition. For purposes of § 707(b)(3), more than the ability to pay some of the debt in a chapter 13 plan is needed to show an abuse under the "totality of the circumstances" test.
In re McCormick, 2006 WL 3499226 (December 2006) -- Judge Kelley
Till applies to 910 claims, and interest needs to be paid on such claims. In this case, given the very low risk of default, no additional interest was required to be added to the prime rate.
In re Grunert, 353 B.R. 591 (November 2006) -- Judge Kelley
Above-median debtors could take Local Standard expense deduction for vehicle ownership/lease expense, even though they owned their vehicle free and clear of liens.
In re Turkowitch, 355 B.R. 120 (November 2006) -- Judge Kelley
Surrender of collateral in complete satisfaction of 910-car creditor's claim is permitted by hanging paragraph of § 1325(a).
In re FV Steel & Wire, 349 B.R. 181 (September 2006) -- Judge Kelley
Judicial estoppel does not apply to block claim of debtor who had inadvertently neglected to schedule claim and who cured the omission as soon as she learned of it. Also, Trustee had succeeded to claim and was not judicially estopped by debtor's omission.
In re Guzman, 345 B.R. 640 (July 2006) -- Judge Kelley
Under BAPCPA § 1325(b)(3), reasonably necessary expenses to be deducted to determine disposable income of above-median debtors are based on Form B22C, not Schedule J.
Am. Family Mut. Ins. Co. v. Addison (In re Addison), 05-2583 (unpublished). (July 2006) -- Judge Kelley
Debtor borrowed vehicle without permission and damaged the vehicle. Resulting debt to insurance company was dischargeable under § 523(a)(6).