http://bankruptcy-lawyers-dallas.com/blog Just another WordPress weblog Fri, 19 Mar 2010 18:45:50 +0000 http://backend.userland.com/rss092 en Satisfy Your Credit Counseling Requirement Before Filing Bankruptcy 1 Before Filing http://bankruptcy-lawyers-dallas.com/blog/?p=187 1 After Filing Personal Financial Management Instruction http://bankruptcy-lawyers-dallas.com/blog/?p=186 Whitney v. Drummond (In re Whitney), Nos. 04-62483-13, 07-35-H-CCL, 2008 WL 227868, at *3 (D. Mont. Jan. 28, 2008) (unpublished) (Lovell) (To shorten confirmed 60-month plan by prepayment, debtor must file motion for modification. "'[T]here is nothing inequitable or contrary to the Bankruptcy Code, in requiring that debtors go through ... http://bankruptcy-lawyers-dallas.com/blog/?p=185 In re Sanchez, 394 B.R. 574 (Bankr. D. Colo. 2008) (Brooks) (Rejecting Money v. Kagenveama (In re Kagenveama), 527 F.3d 990 (9th Cir.), amended, 541 F.3d 868 (9th Cir. 2008), Chapter 13 debtors must propose three-year or five-year plan without regard to whether there is any disposable income; projected disposable ... http://bankruptcy-lawyers-dallas.com/blog/?p=184 In re Pearl, 394 B.R. 309, 314 (Bankr. N.D.N.Y. 2008) (Gerling) (Debtor with CMI greater than applicable median family income is entitled to Local Standards transportation ownership expense for car that is not subject to debt. "This Court concurs with the view that deferring to the approach taken by the ... http://bankruptcy-lawyers-dallas.com/blog/?p=183 In re Lucio, No. 04-81962-G3-13, 2008 WL 5479110 (Bankr. S.D. Tex. Nov. 21, 2008) (Letitia Clark) (Mortgage creditor that participated in confirmation was aware of, and bound by, local Chapter 13 procedures for administration of home mortgages that required creditor to give notice of any payment adjustments to debtor, debtor's ... http://bankruptcy-lawyers-dallas.com/blog/?p=182 In re Povey, No. 07-80076, 2008 WL 1376271, at *5, *6 (Bankr. E.D. Okla. Apr. 9, 2008) (Cornish) (Failure to attach documents proving assignment of claim is fatal to allowance. Creditor "failed to comply with Bankruptcy Rule 3001 (e) [by] not attach[ing] the writings that the claims were based on." ... http://bankruptcy-lawyers-dallas.com/blog/?p=181 In re Tompkins, 391 B.R. 560,563-64 (Bankr. S.D.N.Y. 2008) (Morris) (Reaffirming//? rePinti, 363 B.R. 369 (Bankr. S.D.N.Y. 2007), and rejecting contrary decisions from Fourth, Sixth, Seventh, Eighth and Tenth Circuits, 910-day PMSI car can be surrendered in full satisfaction because bankruptcy law, not state law, determines there is no unsecured ... http://bankruptcy-lawyers-dallas.com/blog/?p=180 Schultz v. United States, 529 F.3d 343, 350-53 (6th Cir. 2008) (Ryan, Siler, Cole) (That disposable income calculation in § 1325(b)(3) uses "means test" which includes consideration of median income based on state and county in which debtor resides does not render BAPCPA nonuniform for purposes of Article 1, § ... http://bankruptcy-lawyers-dallas.com/blog/?p=179 In re Namie, 395 B.R. 594, 597-98 (Bankr. D.S.C. 2008) (Waites) (Expenses allowed by § 1325(b)(3) for debtor with CMI greater than applicable median family income are subject to "reasonably necessary" standard; $5,376.54 per month to maintain and cure default with respect to home mortgage is not reasonable or necessary. ... http://bankruptcy-lawyers-dallas.com/blog/?p=178