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November 2012 – COTD

In re Nguyen, No. 11-35979-rld13, 2012 WL 1110022, at *2 (Bankr. D. Or. Apr. 2, 2012) (Dunn)

December 4, 2012
Equal-monthly-payment requirement in § 1325(a)(5)(B)(iii)(I) applies to real property and precludes balloon-payment plan that pays real estate–secured claim through sale...
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In re Webb, 472 B.R. 665, ___ (B.A.P. 6th Cir. 2012) (Emerson, Fulton, Preston)

December 3, 2012
Section 362(k) awards attorney fees as actual damages when creditor foreclosed with knowledge of the Chapter 13 case; citing Metz...
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Love v. Tyson Foods, Inc., 677 F.3d 258 (5th Cir. 2012) (King, Wiener, Haynes)

November 30, 2012
Judicial estoppel precludes civil rights action that was omitted from schedules in 0% Chapter 13 case; amendment of schedules after...
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Miller v. Schaub (In re Schaub), No. 11-01811 (DHS), 2012 WL 1144424, at *3–*4 (Bankr. D.N.J. Apr. 4, 2012) (Steckroth)

November 29, 2012
The exception to discharge in § 1328(a)(4) is not limited to prepetition awards of restitution or damages. “A past participle...
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In re Young, 467 B.R. 792 (Bankr. W.D. Pa. 2012) (Deller)

November 28, 2012
Condominium association’s lien for unpaid assessments was not subject to modification. Debtor acquired condominium subject to association’s lien for unpaid...
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Newcomer v. Litton Loan Servicing, L.P. (In re Newcomer), No. 07-479, 2012 WL 1120671 (Bankr. D. Md. Apr. 2, 2012) (Catliota)

November 27, 2012
Litton Loan Servicing was not responsible for attorney fees for stay violations of predecessor servicer.
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In re Snyder, No. 10-62052, 2012 WL 1110119, at *2 (Bankr. N.D.N.Y. Apr. 2, 2012) (Davis)

November 26, 2012
Plan cannot partially surrender collateral securing commercial mortgage while paying balance of bifurcated mortgage; alternatives in § 1325(a)(5) “for the...
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In re Gift, 469 B.R. 800 (Bankr. M.D. Tenn. 2012) (Mashburn)

November 21, 2012
Oversecured creditor was entitled to postpetition interest under § 506(b), but penalty portion of Government’s tax claim was not part...
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In re Keele, No. 11-21383-13, 2012 WL 893351 (Bankr. D. Kan. Mar. 14, 2012) (Somers)

November 20, 2012
Section 1326(a)(1)(C) requires preconfirmation adequate protection only for purchase money portion of secured claim; payments not required when creditor did...
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In re Doe, No. 03-04291-5-JRL, 2012 WL 401076, at *2 (Bankr. E.D.N.C. Feb. 7, 2012) (Leonard)

November 19, 2012
Petition filed by uncle on behalf of minor nephew in a manner that did not comply with Bankruptcy Rule 1004.1...
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