|
New Cases For the Week of July 20, 2009 - July 24, 2009
Brought to you by BKINFORMATION.COM - The Source for Business Bankruptcy Information on the Internet
Click here to search prior New Opinion summaries.
| July 21, 2009 |
Case |
Court |
Holding |
In re Padgett
(DBN) |
10th Cir. BAP |
The bankruptcy court erred when it allowed Debtors to bifurcate and cram down its 910 vehicle claim. |
| |
|
|
| July 21, 2009 |
Case |
Court |
Holding |
In re Turner
(DBN) |
7th Cir. |
Bankruptcy court order rejecting bankruptcy trustee's objection to Chapter 13 petitioner's deduction of monthly mortgage payments from his disposable income is reversed where the deduction of mortgage expenses from the Chapter 13 debtor's disposable income is not intended to enrich the debtor at the expense of his unsecured creditors but is intended to adjust the respective rights of the mortgagee and the unsecured creditors, and petitioner cannot use a phantom deduction to reduce the recovery by his unsecured creditors without benefiting any other creditor. |
In re Gallo
(DBN) |
7th Cir |
Bankruptcy court order denying the petitioner's former wife's proof of claim for slander of title is affirmed where: 1) petitioner did not commit slander of title by improperly filing a lis pendens notice as even assuming the notice of lis pendens was filed in error, petitioner acted in good faith and there was no showing of malice on his part; and 2) the bankruptcy court properly granted petitioner's motion for turnover as his former wife failed to establish that the bankruptcy court had any obligation to ensure her ability to pay the judgment before granting the turnover motion. |
| |
|
|
|