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Tuesday, June 3, 2008

Illinois Chapter 13 Bankruptcy Case law.

NEW CASE UPDATE

Initially prepared by John Gustafson, Staff Attorney for Anthony B. DiSalle, Trustee; Revised by Jerry Mylander for Glenn Stearns, Trustee

BAPCPA ND IL:

In re Farrar-Johnson, 353 B.R. 224 (Bankr. N.D. Ill. 2006). Judge Goldgar. Above-median Chapter 13 debtors could deduct standard expenses in means test in calculating disposable income regardless of actual expenses in schedule J.

In re Curry, 2007 WL 549360 (Bankr. N.D. Ill 2007). Judge Schmetterer. Termination of stay under §362(c)(3)(A) terminates the stay in all respects to the property.

In re Morales, 2007 WL 92414 (Bankr. N.D. Ill 2007). Judge Schmetterer. Hanging paragraph in §1325(a) does not allow surrender of vehicle in full satisfaction on entire claim of 910 creditor in Chapter 13 plan.

In re Blanco, 06 B 13223 (Bankr. N.D. Ill. 2007), Judge Squires. Hanging paragraph in §1325(a) does not allow surrender of vehicle in full satisfaction on entire claim of 910 creditor in Chapter 13 plan.

In re Randle, 2007 WL 3734351 (Bankr. N.D. Ill 2006). Judge Doyle. Above-median debtors may deduct secured debt payments in means test in collateral that is being surrendered. (affirmed by the District Court on 7/20/07)

In re Nevitt, 2006 WL 2433491 (Bankr. N.D. Ill 2006). Judge Barbosa. Form B22C does not apply for below median debtors. Also, commitment period is temporal not monetary.

In re Wiggs, 2006 WL 2246432 (Bankr. N.D. Ill 2006). Judge Barbosa. Above-median-income debtors may not take vehicle ownership expenses, even though they own their vehicles outright (only those standard expenses that are “applicable”).

In re Demonica, 345 B.R. 895 (Bankr. N.D. Ill 2006). Judge Barbosa. Debtor’s current income, as opposed to historical average, should be used to determine “projected disposable income. A debtor is allowed to deduct the full amounts listed in National and Local Standards for the categories of expenses that fall within those standards. Additional expenses are only proper if they fall within the additional expense provisions as specified by the IRS or as defined in the Code.

In re Gossett, 2007 WL 1226629 ( Bankr. N.D. Ill 2007). Judge Squires. Credit counseling briefing must be concluded ONE CALENDAR DAY PRIOR to the filing of the petition. Also, in the event of ineligibility, dismissal is the appropriate remedy.

In re Mathis, 2007 WL 1320740 (Bankr. N.D. Ill. 2007) Judge Doyle. The applicable commitment period is a multiplier, determining the minimum amount that the debtors must pay the unsecured creditors.

In re Williams, 2007 WL 1206738 (Bankr. N.D. Ill 2007) Judge Hollis. When the debtor is not entitled a discharge, payment of the underlying debt determined under non-bankruptcy law under §1325(a)(5)(B)(i)(I)(aa) means that the debtor must make payment as required by the contract (at the contract rate of interest). Compare In re Hopkins, 2007 WL 2028799 (Bankr. N.D. Ill 2007) Judge Goldgar. Method of full payment of balance of 910 secured debt not determined by the contract.

In re Robson, 2007 WL 1531610 (Bankr. N.D. Ill 2007). Judge Schmetterer. A debtor must provide monthly adequate protection to a creditor that is equal to the depreciation of the collateral the first month after the filing of the petition.

In re Wright, 2007 WL 1892502 (7th Cir. 2007). Post-petition surrender of 910 vehicle does not preclude a unsecured deficiency claim by a creditor.

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