Motion of creditor for order approving reaffirmation agreement with pro se debtor denied where creditor failed to provide copy of contract being reaffirmed and debtor’s schedules showed on their face that she could not afford the payments.
NOT INTENDED FOR PUBLICATION
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Opinions
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Judge James E. Massey (Retired)
Debtor obtained judgment during Chapter 13 case that determined that mortgage creditor was deemed to be and would be treated as a general unsecured creditor in this case and for all purposes and not entitled to the protections of 11 U.S.C. § 1322(b)(2). Case was later converted to Chapter 7. Debtor sued creditor to avoid mortgage lien based on earlier judgment. Creditor defaulted. Held: Complaint failed to state a claim for relief because the determination that creditor was unsecured for purposes of section 1322(b)(2) did not affect lien.
NOT INTENDED FOR PUBLICATION
Prior to bankruptcy Debtor voluntarily gave a second mortgage to his father to secure a debt. Debtor did not claim an exemption in property, and property was worth no more than total mortgage debt. Trustee subsequently avoided the mortgage as a preference and preserved the lien for the estate. Debtor then amended Schedule C to claim full exemption. Trustee objected. Held: Trustee’s objection granted. Under section 551(g)(1), a debtor may claim exemption in property recovered by the trustee only if the debtor did not voluntarily make the transfer.
NOT INTENDED FOR PUBLICATION
Defendant falsely stated on his statement of financial affairs that he did not transfer any property outside the ordinary course of business during the one year period preceding the filing of the petition. He knew that statement to be false because he listed the transfer on the work papers provided to him by his bankruptcy attorney. He made the statement with fraudulent intent based on the inferences drawn from his course of conduct. Discharge Denied.
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An attorney who does not represent debtor in a bankruptcy estate lacks authority to file a motion for approval to represent the debtor in non-bankruptcy matter. Such a motion must be filed by the debtor or the debtor’s bankruptcy attorney.
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Debtor's law firm sought refund of inadvertent payment of full filing fee after entry of Order granting motion to pay filing fee in installments. Debtor's schedules showed that Debtor had ample funds to pay filing fee in installments. Motion denied, Order authorizing installment payments vacated, and General Order No. 9 suspended so that law firm must file fee application to receive compensation
NOT INTENDED FOR PUBLICATION.
Motion to allow late claim to which no objection had been made denied as unnecessary because claim is deemed allowed notwithstanding it was filed after the bar date and the Court lacks power to declare that it was in fact timely filed.
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Motion to dismiss case with prejudice because Debtor missed mortgage payments is not a substitute for a motion for stay relief where Debtor was otherwise funding plan, notwithstanding that Debtor consented to supplemental confirmation order stating that Court may dismiss with prejudice if Debtor fails to cure post-petition default.
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Unsuccessful bidder for assets of debtor moved for payment of administrative expense labeled an “Unsettlement Fee.” Service of motion defective because movant served attorney for creditor who had not filed notice of appearance. Motion to allow administrative expense under sections 507(a)(1) and 503(b) must be served on creditor pursuant to Bankruptcy Rule 2002(a)(6) and (g).
NOT INTENDED FOR PUBLICATION
An objection to a Chapter 13 Trustee’s Notice of Intent to Pay Late Filed Claim is not a substitute for objecting to the late claim.
NOT INTENDED FOR PUBLICATION