(Bankr. W.D. Ky. Nov. 16, 2016)
(Bankr. W.D. Ky. Sep. 16, 2016)
(7th Cir. June 23, 2016)
The Seventh Circuit reverses the bankruptcy court, concluding that the bankruptcy code permits modification of a confirmed Chapter 13 plan based on increased income post-confirmation. While the code does not expressly permit modification on this basis, other courts have permitted this. The trustee had filed a motion to increase the debtors’ plan payments based on an alleged $50,000 post-confirmation increase in the debtors’ annual income. Opinion below.
Judge: Adelman
Attorney for Debtor: Eugene Wedoff
(Bankr. W.D. Ky. Apr. 26, 2016)
(W.D. Ky. Mar. 31, 2016)
(Bankr. E.D. Ky. Feb. 12, 2016)
(Bankr. W.D. Ky. Nov. 1, 2017)
The bankruptcy court grants the creditor’s motion for stay relief to proceed with a state court foreclosure action. The creditor had obtained an order granting stay relief in a prior bankruptcy filed by the debtor’s son, the owner of the property. The debtor’s life estate interest in the property does not prevent the foreclosure action from proceeding. Opinion below.
Judge: Lloyd
Attorney for Debtor: Mark H. Flener
Attorney for Creditor: Bradley S. Salyer
(Bankr. E.D. Ky. Aug. 28, 2017)
The bankruptcy court denies confirmation of the debtors’ proposed Chapter 12 plan. The court first determines that the debtors’ timber operations constitute a “farming operation” under § 101(21). Those operations are ongoing rather than a single cut of all timber at one time. The debtors are eligible to proceed under Chapter 12. However, the debtors failed to provide sufficient evidence that the proposed plan was feasible. Opinion below.
Judge: Wise
Attorney for Debtors: Michael L. Baker
(6th Cir. B.A.P. July 3, 2017)
(Bankr. S.D. Ind. April 24, 2017)