Search OpinionsTotal: 112
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).
In re Kirchen, 344 B.R. 908 (July 2006) -- Judge Kelley
Inherited IRA is not exempt as a retirement benefit under Wis. Stat. § 815.18(3)(j).