The debtor is entitled to claim a vehicle ownership expense on her Form B22C (chapter 13 means test) even though she owns the vehicle free and clear of liens and makes no monthly payments on the vehicle. The debtor was also entitled to claim operating expenses for two vehicles absent any evidence to rebut the debtor's claim.
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Opinions
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Judge Ben T. Barry
Chapter 7 and chapter 13 means tests serve different purposes. Chapter 13 debtors who surrender property in their plan are not entitled to include payments for that property on their Form B22C to determine disposable income.
The Court overruled the chapter 13 trustee's objection to confirmation and held that the debtor could use the Local Standard expense amounts applicable to Florida residents on his means test because the debtor resided in Florida on the date of filing the bankruptcy petition.
Chapter 13 trustee's objections to confirmation of plans were sustained. The court held that above median income chapter 13 debtors are required to pay into their respective plans the monthly disposable income as determined by Form B22C, even though their current monthly income (as defined by the code) exceeded present income.
Under pre BAPCPA preference law, trustee may avoid two of four payments made during preference period determined by the Court not to have been paid in the ordinary course of business of the debtor and the creditor.
Court overruled creditor's objection to chapter 7 trustee's application for settlement. Creditor argued that a trust the debtors created pre-petition to hold real property was fraudulent and claimed a lien on the proceeds resulting from the sale of the property by the chapter 7 trustee. The Court held that even if trust was invalid, chapter 7 trustee could avoid creditor's lien pursuant to § 544(a)(3).
Motion to extend time for UST to file motion under s. 704(b)(2) is denied as a matter of law. A definitive 10-day statement of whether a debtor's chapter 7 case would be presumed to be an abuse, as required under s. 704(b)(1), is a prerequisite to filing the motion required by s. 704(b)(2). Because the UST did not file a definitive 10-day statement, the threshold requirement to filing the s. 704(b)(2) motion has not been met and the UST is precluded from filing a motion to dismiss or convert under s. 704(b)(2). Therefore, the motion to extend the time to file a s. 704(b)(2) motion is moot.
The Court determined that certain funds were non-dischargeable in the debtor's bankruptcy as a result of embezzlement in accordance with s. 523(a)(4).
Judge Richard D. Taylor
Trustee's cause of action denied for failure to prove all elements of a constructively fraudulent transfer under 11 U.S.C. s 548.
Audrey R. Evans
Pro se individual (Petitioner), while incarcerated in federal prison, mailed 74 involuntary bankruptcy petitions and other miscellaneous documents to clerk of court in attempt to file such petitions against various individuals and entities, including federal judges. Court found there was not proper venue in Arkansas and that Petitioner was not eligible under Section 303 of the Code to file these involuntary petitions. Court further found that such petitions were frivolous and submitted for filing merely to harass and without any basis in fact or law. In light of the adverse effects which could be caused by simply docketing the abusive involuntary petitions, Court found there was cause to withhold docketing petitions and to withhold public disclosure of names contained therein under Section 107(c) of the Code. Court found appropriate sanctions were to (1) direct clerk of court to reject and not docket these involuntary petitions and submissions, (2) prohibit Petitioner from filing any additional involuntary petitions, and (3) refer matters to US Attorney for possible further investigation. In re Risby, 2008 WL 116701 (Bankr. E.D. Ark. 2008).