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Debtor Cannot Take Means Test Deduction For Student Loan Payments In Chapter 13, But May Pay Outside Plan With Interest, Says Southern District

In In re Brown, Ch. 13 Case No. 12-12316, 2013 Bankr. LEXIS 3696 (Bankr. S.D. Ga. Sept. 6, 2013), the Chapter 13 debtor deducted, on Line 57 of the Means Test, monthly student loan payments of $500 as a “deduction for special circumstances.”  In her Chapter 13 plan, she proposed to make direct payments of… Continue Reading

Debtor’s Apparent Draining of Bank Accounts Days Before Filing Chapter 7 Petition Leads To Turnover Order And Objection To Discharge

Bankruptcy lawyers regularly caution debtors to avoid unusual financial transactions, including credit card charges, cash withdrawals, and the like, prior to filing their case.  This is a case in which a pro se debtor withdrew several thousand dollars in the week before filing and got caught.  In addition, Debtor also requested, and initially received, approval… Continue Reading

There is no “Oops Defense” When Debtor Lies Or Misleads the Court In Schedules And Pleadings

Many debtors arrive in Bankruptcy Court having committed missteps, or even misconduct, in their financial affairs and dealings with others.  Even for these debtors, Bankruptcy is often an opportunity for them to get a "fresh start."  However, one of the requirements of this fresh start is that a debtor must be completely honest in documents… Continue Reading

Southern District of Georgia: Small Business Chapter 11 Plan Must Be Filed Within 300 Days; Deadline Cannot Be Extended Pursuant To Section 105.

In re Randi’s, Inc., Ch. 11 Case No. 11-10431, Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:””; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0in; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:”Calibri”,”sans-serif”; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:”Times New Roman”; mso-bidi-theme-font:minor-bidi;} 2012 Bankr. LEXIS 2920… Continue Reading

U.S. Trustee Has Until Conclusion Of First Meeting Of Creditors To File Presumption Of Abuse Statement; But, Failed To Show Cause To Extend Deadlines For Motion To Dismiss Or Objection To Discharge

 In re Molitor,  — B.R. —-, 2008 WL 4155283 (Bkrtcy.S.D.Ga. Sep. 5, 2008) (J. Barrett). The first issue was whether the United States Trustee (“UST”) was required to file the § 704(b) presumption of abuse statement within 10 days of the “Commencement” or “conclusion” of the § 341 meeting of creditors. Debtor argues § 704(b)(1) requires the UST to… Continue Reading

Misc. Georgia Cases – Post-Petition PI Claim Not Ch. 13 Estate Property; Claim For Sales Taxes Disallowed In Individual Case

In re Foreman, No. 01-21400, 2007 WL 4170629 (Bankr. S.D. Ga. Nov. 26, 2007).  From the Westlaw blurb – Wrongful death action which arose postconfirmation, when Chapter 13 debtor’s husband was killed, and which no party asserted would have to be successfully prosecuted to enable debtor to fulfill her plan, was not included in “property… Continue Reading

SD Ga – Deceased Father’s Teachers Retirement Funds, Passed To Daughter After His Death, Not Property Of Daughter’s Bankruptcy Estate

1By: Scott B. Riddle, Esq. In re Hainlen, Case No. 06-10678, 2007 Bankr. LEXIS 1041 (Bankr. S.D. Ga. March 26, 2006)(Barrett). Debtor’s father was a teacher, and had a retirement annuity with the Teachers Retirement System of Georgia.  He designated his daughter, the debtor, as a beneficiary of 25% of the proceeds.  Upon his death, the debtor… Continue Reading

S.D. Ga. – Means Test Not Required Where Debtor Converted From Chapter 13 to Chapter 7, And Form B22C Reflects Below Median Income

In re Edwards, Case No. 06-20145, 2007 Bankr. LEXIS 1738 (Bankr. S.D. Ga. April 5, 2007)(Dalis).  Debtor converted her Chapter 13 case to a Chapter 7 case, and the clerk issued a Notice of Deficiency because the debtor had not filed her Means Test, Form B22A.  However, debtor’s Form B22C (Chapter 13 Statement of Monthly Current… Continue Reading

SD Ga – Motion To Continue Automatic Stay Not Moot Merely Because No Creditors Had “Taken Action” Prior To Filing Of Second Case

By: Scott B. Riddle, Esq.  In re James, 2007 Bankr. LEXIS 152 (Bankr. S.D. Ga. January 17, 2007)(J. Barrett).  Debtor filed her second case within a year, and filed a motion to continue the automatic stay beyond the thirty-day period of 11 U.S.C. §362(c)(3). The court denied the motion, as the debtor’s circumstances had not… Continue Reading