Recent Court Orders
- In re KIEFER - May 15, 2006
Automatic stay termination in subsequent filing is limited to property of the Debtor - not property of the estate.
- In re TRANMER, 355 B.R. 234 (Bankr. D. Mont. 2006) - November 16, 2006
Additional travel expenses claim on Form 22C were not allowed as a special circumstance to adjust disposable income.
- In re TUSS, 360 B.R. 684 (Bankr. D. Mont. 2007) - January 5, 2007
Travel expenses incurred for out of town employment not allowed as a special circumstance to adjust disposable income.
- In re McDONALD, 361 B.R. 527 (Bankr. D. Mont. 2007) - February 7, 2007
Form 22C calculated disposable income, which, multiplied by the applicable commitment period, must be paid to the class of unsecured creditors.
- In re GEORGE - February 7, 2007
Form 22 C calculated disposable income, which, multiplied by the applicable commitment period, must be paid to the class of unsecured creditors.
- In re LUXFORD, 368 B.R. 63 (Bankr. D. Mont. 2007) - March 29, 2007
Bad faith dismissed.
- In re COUNTS, 2007 WL 2269024 - Sept. 6, 2007
Debtors were allowed to lien strip vehicle purchased within 910 days because it was not purchased for personal use.
- In re FEATHERSTON, 2007 WL 2898705 - Sept. 28, 2007
Payment of college expenses for son detracts from disposable income. Form 22C must be calculated based on pre-petition income.
- In re CHAVEZ, 2007 WL 3023145 - Oct. 11, 2007
Debtors' plan confirmed over Trustee's good faith objection. Debtors' plan meets requirement of disposable income test. Income on Schedule I and J not relevant to good faith.
- In re CRABTREE, 2007 WL 3024030 - Oct. 12, 2007
Special circumstances existed for rental expense when married couple was living separately and were planning divorce.
- In re STUBBS, 2007 WL 287579 - Dec. 6, 2007
Special circumstances exist for additional housing expense.
- In re WIEGAND, 386 B.R. 238 (9th Cir. B.A.P. 2008) - April 3, 2008
Business expenses may not be deducted in calculating current monthly income.
- In re BAILLARGEON, 2008 WL 2466582 (Bankr. D. Mont. 2008) - June 13, 2008
Pre-petition transfer of property was not to cure constructive trust but did not violate requirement of good faith. Confirmation denied because Plan failed to meet best interests of creditors test.
- In re KAUFMAN - August 21, 2008
Debtors limited to IRS standards for housing allowance. Additional funds for actual amount of rent are not a "special circumstance."
- In re O'CONNOR, 2008 WL 4516374 (Bankr. D. Mont. 2008) - September 30, 2008
Confirmation denied because disposable income was incorrectly calculated by deducting phone charges and educational expenses and incorrectly calculating number of persons in household.
- In re BYRN, 410 B.R. 642 - November 21, 2008
Debtors had to commit projected disposable income calculated from "current monthly income" to payments under their Plan even though they no longer had income which they earned from a second job during the 6-month period immediately preceding the date of the commencement of the case, and Debtors could claim a $200 vehicle operating expense on Form B22C for their vehicles which were more than six years old.
- In re BASSETT, 413 B.R. 778 (Bankr. D. Mont. 2009) - February 26, 2009
Plan confirmed over good faith objection of creditors.
- In re KNECHT, 410 B.R. 650 - March 12, 2009
Confirmation denied because of proposed separate classification of student loans.
- In re McSPARRAN, 410 B.R. 664 - March 27, 2009
Confirmation of proposed plan denied for failure to carry burden of showing that plan meets disposable income requirements for a below median income debtor.
- In re HARPER - September 21, 2010
Late filed claim disallowed.
- In re McMILLAN - October 15, 2010
Late filed claim excepted from discharge because of Debtor's failure to properly notify creditor.
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