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December 2012 – COTD

In re Richall, 470 B.R. 245, 249–50 (Bankr. D.N.H. 2012) (Deasy)

December 31, 2012
Disposable income test in § 1325(b) is satisfied by debtors with CMI greater than applicable median family income when plan...
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In re DelConte, No. 07-30583, 2012 WL 1739788 (Bankr. E.D. Va. May 15, 2012) (Tice)

December 28, 2012
When debtor did not reveal inheritance after confirmation or subsequent transfer of inheritance to sister, on trustee’s motion to compel...
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United States v. Carroll, No. 10-1400, 2012 WL 1570386 (6th Cir. Apr. 27, 2012) (Norris, Sutton, Griffin)

December 27, 2012
On petition for rehearing, mandamus not appropriate because there was no jurisdiction to support the government’s declaratory action against the...
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Hall v. United States, 132 S. Ct. 1882, 1887–90 (2012)

December 26, 2012
Postpetition income taxes on sale of farm property by Chapter 12 debtor are not “incurred by the estate,” are not...
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In re Lewis, No. 12-10033, 2012 WL 1682587 (Bankr. N.D. Ohio May 14, 2012) (Harris)

December 21, 2012
Attorney violated Bankruptcy Rule 9011 by scheduling mortgage arrearage as zero when attorney represented debtor in prior Chapter 7 case...
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In re Santos, No. 11-05567 MCF, 2012 WL 1570070 (Bankr. D.P.R. May 3, 2012) (Caban Flores)

December 20, 2012
Although Code and Rules did not provide for extending claims bar date, when date fell in gap between dismissal and...
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Barkley v. Prommis Solutions Holding Corp. (In re Thorne), 471 B.R. 496, 506 (Bankr. N.D. Miss. 2012) (Houston)

December 19, 2012
Creditor and its attorney did not illegally share fees in violation of § 504(a) or Rule 2016 when law firm...
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In re Young, No. DG 06-06385, 2012 WL 1592214 (Bankr. W.D. Mich. Apr. 29, 2012) (Dales)

December 18, 2012
Debtors did not prove entitlement to discharge near end of 60-month plan when they had missed three payments and did...
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In re Vetter, No. 11-03988-dd, 2012 WL 1597378, at *1–*2 (Bankr. D.S.C. May 7, 2012) (Duncan)

December 17, 2012
At death of debtor, counsel should have given notice to court and sought designation of representative before converting case to...
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In re Pence, 469 B.R. 643, 646 (Bankr. W.D. Va. 2012) (Krumm)

December 14, 2012
In second case within a year, presumption of bad faith did not arise because prior case was dismissed to allow...
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