(W.D. Ky. April 25, 2017)
(6th Cir. B.A.P. Mar. 9, 2017)
(Bankr. W.D. Ky. Jan. 17, 2017)
The bankruptcy court grants the creditor’s motion for sanctions, and awards the creditor her attorney fees. The debtor filed the Chapter 13 petition for the stated purpose of obtaining more time to obtain a reduction in his maintenance obligation owed to the creditor in the state court. The bankruptcy court finds that this was a violation of Bankruptcy Rule 9011(b). Opinion below.
Judge: Lloyd
Attorney for Debtor: Naber & Joyner, J. Gregory Joyner
Attorney for Creditor: Joseph S. Elder II
(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