Granting hardship discharge on motion filed on behalf of deceased debtor and authorized by deceased debtor’s surviving spouse, and finding deceased debtor should be exempt from completing the financial management course required by Section 1328(g) of the Bankruptcy Code.
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Chief Judge Phyllis M. Jones
Pre-confirmation modifications of Chapter 13 plans must be noticed pursuant to both Rule 2002(a)(5) and Rule 2002(b)(2). Accordingly, all creditors must receive notice of a pre-confirmation plan modification.
In ruling on creditors’ Third Motion for Relief from Stay, the Court determined the law of the case doctrine applied to prior orders of the Court denying the relief sought; however, changed circumstances existed to allow the Court to revisit the prior orders and grant creditors’ request for relief to pursue their state law remedies as to a note and mortgage, but the Court did not find changed circumstances sufficient to allow collection of a $400,000 judgment. A five acre tract of land was also abandoned from the bankruptcy estate.
Abstaining from and remanding lawsuit to Lonoke County Circuit Court, where it originated prior to removal by debtor/defendant.
Relief from stay to pursue eviction proceedings against the Debtor is denied where, although the subject property was not property of the Debtor’s bankruptcy estate due to the completion pre-petition of a foreclosure action against the Debtor and property, the Debtor provided treatment for the creditor’s claim in its plan and the plan was confirmed without objection from the creditor. The Debtor may continue to reside on the property not as owner, but as lessee.
Judge Ben T. Barry
The court denied Bank of America’s [BOA] motion to enjoin the PACA creditors from proceeding against BOA in New York to pursue proceeds and payments received by BOA to the extent the funds received by BOA were found to be PACA trust assets.
The court denied the defendants’ motions to dismiss the complaints filed by the PACA creditors for the disgorgement of funds paid to the defendants in an amount sufficient to pay the remainder of the PACA creditors’ claims in full.
The court overruled the creditor’s objection to confirmation of the debtor’s plan for the debtor’s failure to file an insurance claim for pre-petition damage to the debtor’s vehicle. The debtor stated an approximate value of the damaged vehicle in her petition but the creditor argued that it was not adequately protected because the debtor refused to file a claim for the damage with her insurance company.
Based upon the court's findings that (1) the debtor could not effectuate a confirmable plan of reorganization and (2) the debtor's estate had incurred substantial and continuing losses and was not reasonably likely to be rehabilitated, the court converted the chapter 11 case filed by a bank holding company to a case under chapter 7 pursuant to § 1112(b) upon the motions of three of the debtor's creditors.
Judge Richard D. Taylor
The homeowners' association fees of a Chapter 13 debtor are nondischargeable when the creditor has not filed a proof of claim and the debt accrues postpetition.