Sensient Tech. Corp. v. Baiocchi (In re Baiocchi), 389 B.R. 828 (June 2008) -- Judge Kelley
A for-profit corporation's employee tuition reimbursement program constituted an educational benefit under § 523(a)(8). The Court held that the Debtor's obligation to repay the debt was therefore nondischargeable in her Chapter 7 bankruptcy.
In re Ford, 2008 Bankr. LEXIS 1381 (April 2008) -- Judge Kelley
A vehicle that was not purchased for the personal use of the Debtor did not qualify for 910-treatment under the first portion of the hanging paragraph. Since the lender had a purchase money security interest in the vehicle and not "any other thing of value" the second portion of the hanging paragraph also did not apply. The Court questioned the good faith of the debtor in proposing to cram down on a brand new vehicle that the debtor did not use.
In re Spraggins, 386 B.R. 221 (April 2008) -- Judge Kelley
Below-median Chapter 13 debtor's projected disposable income is determined by Form B22C not Schedule I, and tax refunds need not be dedicated if debtor deducts actual taxes incurred from income.
In re Crego, 387 B.R. 225 (April 2008) -- Judge Kelley
Married debtors who filed joint petition but were living separately and in the process of divorce could claim expenses of second household as "special circumstances" but the expenses of that household were limited to the appropriate National and Local Standards.
In re Boehlke, 2008 Bankr. LEXIS 235 (January 2008) -- Judge Kelley
Debtors' vehicle lease payments are not payments on secured claim and cannot be deducted as secured claim payments on Line 42 or 23(b) of Form B22A. Debtor can deduct ownership/lease expenses on Line 23(a).
In re Wetzel, 381 B.R. 247 (January 2008) -- Judge Kelley
Debtors' post-confirmation inheritance and business income is property of the Chapter 13 estate, and proper subject of Trustee's modification of plan to increase payments.
Swanson v. Green (In re Green), 2007 WL 4570590 (December 2007) -- Judge Kelley
Debtors' discharge was denied based on § 727(a)(2) and (a)(4), when debtors failed to list personal property (Beanie Babies and Disney memorabilia) collected over many years and which debtors believed did not have value to anyone else. Court held that debtors should have listed property in general terms and given its value as unknown.
In re Luckett, 2007 Bankr. LEXIS 3638 (October 2007) -- Judge Kelley
Court interprets equal monthly payments provision of § 1325(a)(5)(B)(iii) to allow lump sum payment only if made on the effective date of the plan.
In re McPike, 2007 WL 2317420 (August 2007) -- Judge Kelley
Trustee's Objection to Plan Modification based on disposable income was overruled. Debtor's modification was approved as having been filed in good faith.
In re FV Steel & Wire Co., 372 B.R. 446 (July 2007) -- Judge Kelley
Analyzing CERCLA's provisions for the cost of recovery and removal of environmental hazards at a contaminated site, there was no clear proof that the EPA viewed the site as an imminent threat, and the Court valued a claim filed by a co-debtor on behalf of the EPA in the amount of $75,000.