In re Dabney, 2009 Bankr. LEXIS 1112, 08-77955-PWB (April 7, 2009). The Chapter 13 Trustee objected to the debtor’s attorney’s flat fee of $3500 where the debtor was only paying unsecured, non-priority claims in his confirmed Ch. 13 plan. Judge Bonapfel engaged in a lengthy 6 page analysis of fees in Chapter 13 cases (which all Ch. 13 lawyers should probably read). The lawyer based the flat fee on the average spent on all cases. The Court could not conclude that the fee was reasonable in this case, allowed the $1500 previously approved, and allowed the lawyer to file another fee application.
In re Kelly, 2009 Bankr. LEXIS 902, 08-85727-MHM (March 25, 2009). Debtor’s unopposed motion to require Child Support Services to return drivers license was granted, where debtor testified that he was a commercial truck driver, and his Ch. 13 plan cured the support arrearage in a reasonable time. Pursuant to Section 105 of the Code, the Court had the authority, even though the suspension of the license was not subject to the automatic stay.
In re Hamilton, 2009 Bankr. LEXIS, 793, 07-68258-MHM). Debtor moved to reopen her Chapter 7 case to file a complaint to determine the dischargeability of her student loan debts. The motion was denied because debtor did not show grounds to discharge her student loan, and she could pursue the matter in another court in the absence of exclusive jurisdiction.
In re Cavalli, 2009 Bankr. LEXIS 819, Adv. No. 08-6338, Case No. 08-63340-MHM (March 19, 2009). Plaintiff, the debtor’s former spouse, filed a motion for summary judgment arguing that the debtor’s obligations in a settlement agreement entered in the divorce action were nondischargeable. Under that agreement, debtor was to refinance or sell the marital home and pay other debts. Debtor argued the obligations were not "support" under section 523(a)(5), but did not address section 523(a)(15). The Court held that all obligations, support and property division, were nondischargeable. Rule 9011 sanctions against the debtor were to be addressed in subsequent pleadings.
From the Middle District –
In re Morris, 2009 Bankr. LEXIS 1181, 07-70114-JTL (April 21, 2009). Upon the dismissal of a Chapter 13 case, after the confirmation of a plan, the Chapter 13 Trustee distributed undistributed funds to creditors pursuant to the plan rather than return them to the debtor.