SURRENDER IN FULL SATISFACTION OF 910 AND PAYMENT IN FULL WITH NOT INTEREST NOT ALLOWED In re McClay, Case No. 07-20106 October 2008, Judge Berger 910 vehicle case. Plan provided for payment of full debt with no interest and option to surrender in full satisfaction. This was found to be an attempt to modify prospectively…
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Tag Archive: Thomas
Foreclosure No Excuse for No Credit Counseling Before Bankruptcy
FAILURE TO OBTAIN CREDIT COUNSELING—EXIGENT CIRCUMSTANCES In re Thomas, Case No. 06-10242 March 2006, Judge Nugent Pro se case dismissed for failure to obtain credit counseling. Certificate of exigent circumstances which recites pending foreclosure insufficient, case dismissed. 109(h)(1).
Car Deduction Allowed on Means Test, Reversed by District Court
CAR DEDUCTIONS ALLOWED EVEN THOUGH NO LIEN In re Thomas, Case No 06-21108 In re Camacho, Case No. 06-20729 October 2007, Judge Berger UST Motion To Dismiss under 707(b) for presumed abuse based upon totality of circumstances was denied. The Court concluded that the debtors are entitled to claim vehicle ownership for expenses, even though…
Topeka Debtors Allowed Means Test Deduction for Cars With No Liens
EDITOR UPDATE: This post is out of date. Judge Karlin reverted to her original ruling in In re Law after the Pearson decision was vacated. This issue is currently pending the the U.S. Court for the Tenth Circuit so we should have a binding ruling soon. December 13, 2009. Topeka Bankruptcy Judge Janice Miller Karlin…
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