County's actions in attempting to collect, post-discharge, interest on property taxes which was not paid through the chapter 13 plan was not a violation of the discharge injunction. (This decision is a court minute decision, only.)
In pre-BAPCPA case, chapter 13 debtor was not allowed to modify plan to limited payments of one half of tax refunds to only the first three years of the newly-extended plan.
Creditor’s motion to dismiss case because of debtor’s failure to provide creditor with a copy of her most recent federal income tax return was denied. The court concluded that the creditor had the ability to obtain the requested tax return by other means, including use of§ 521(g)(2), and that dismissal of case would be unduly harsh.
Above-median-income Chapter 13 debtors cannot subtract from their current monthly income secured debt payments for collateral they intend to surrender when calculating their projected disposal income.
Chapter 13 debtor was not allowed to take a deduction on Means Test for "future payments on secured claims" for surrendered residence.
Chapter 13 debtors were allowed to take a vehicle ownership expense deduction for a vehicle they owned free and clear.
The court held that the use of negative equity financing by the parties in connection with the purchase of a new car and trade-in of an another vehicle did not destroy the purchase money nature of Nissan’s PMSI. The court found that there was a close nexus between the debtors’ acquisition of the new car and the entire secured obligation, which included the negative equity financing. Therefore, pursuant to the hanging paragraph contained in 11 U.S.C. § 1325(a), the debtors could not cram down the secured lender’s claim into a secured claim and an unsecured claim under 11 U.S.C. § 506.