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Case of The Day

In re Merino, No. 9:09-bk-22282-FMD, 2012 WL 2891112, at *1 (Bankr. M.D. Fla. July 16, 2012) (Delano)

January 29, 2013
Bankruptcy Rule 3002.1 does not apply to direct payments by debtor to mortgage holder; filing of notice contemplated by Bankruptcy...
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In re Murchek, No. 11-02604, 2012 WL 2920064, at *9–*10 (Bankr. N.D. Iowa July 17, 2012) (Collins)

January 28, 2013
Future tax refunds are included in projected disposable income except in unusual cases; debtor has burden to prove both that...
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Johnson v. Zimmer, 686 F.3d 224, 230–40 (4th Cir. 2012) (Wilkinson, King, Agee)

January 25, 2013
Rejecting “heads on beds” and “income tax dependent” approaches, “economic unit” is proper method to determine household size and fractional...
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In re Morris, No. 09-06014-PB13, 2012 WL 2341537, at *6–*7 (Bankr. S.D. Cal. June 7, 2012) (Mann)

January 24, 2013
Trustee proved good faith in modified plan that increased payments to unsecured creditors based on substantial increase in income. “Trustee...
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In re Scott-Hood, 473 B.R. 133, 140 (Bankr. W.D. Tex. 2012) (Leif Clark)

January 23, 2013
Adopting position between majority and minority approaches: “[S]ection 362(c)(3)(A) terminates the stay only with respect to the debtor individually, with...
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In re Coay, No. 09-71814, 2012 WL 2319100, at *5–*8 (Bankr. C.D. Ill. June 19, 2012) (Gorman)

January 22, 2013
Trustee’s motion to modify confirmed plan to increase payments to unsecured creditors based on tax return showing increased income is...
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In re Kopec, 473 B.R. 597, 600 (Bankr. D.N.J. 2012) (Ferguson)

January 21, 2013
Rejecting In re Princeton Office Park, L.P., 423 B.R. 795 (Bankr. D.N.J. Feb. 17, 2010) (Kaplan), and citing with approval...
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In re Nance, No. 12-10271, 2012 WL 2373406, at *2–*4 (Bankr. E.D. La. June 22, 2012) (Brown)

January 18, 2013
After BAPCPA, averaging N.A.D.A. “Clean Trade-In” and “Clean Retail” is presumptive value for cars with adjustments for high mileage and...
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In re Reedy, No. 12-20354, 2012 WL 2415133 (Bankr. D. Wyo. June 26, 2012) (McNiff)

January 17, 2013
$200 additional operating expense allowance for older, high-mileage car in IRM 5.8.5.20.3 is not allowable until debt on car is...
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In re Garduno, No. 11-45243-EPK, 2012 WL 2402789, at *1 (Bankr. S.D. Fla. June 26, 2012) (Kimball)

January 16, 2013
Bankruptcy Rule 3002.1 does not apply when bank’s claim is not provided for under § 1322(b)(5); bank was not required...
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